1983 (4) TMI 285 - AT - Customs

Summary

Issues:
- Refund of duty on High Speed Diesel Oil and Light Diesel Oil assessment
- Assessment of duty on private property of officers and crew

Analysis:

Refund of duty on High Speed Diesel Oil and Light Diesel Oil assessment:
The case involved a claim for refund of duty by Steamer Agents for High Speed Diesel Oil and Light Diesel Oil. The Assistant Collector of Customs rejected the claim due to lack of documentary evidence proving the oil's identity. The Appellate Collector upheld the higher rate assessment, stating that the appellants should have requested samples for testing to avoid the higher duty rate. However, the Appellate Tribunal found that the Customs authorities should have taken samples themselves to verify the oil's identity. The Tribunal considered the supplier's certificate as evidence and concluded that the appellants should be given the benefit of the doubt. Thus, the appeal was allowed, setting aside the Appellate Collector's order.

Assessment of duty on private property of officers and crew:
Regarding the assessment of duty on private property of officers and crew, the Assistant Collector imposed a duty, which was partially upheld by the Appellate Collector. However, the Appellate Tribunal accepted the appellants' argument that officers and crew are not liable for duty unless landed as baggage. The Tribunal set aside the duty levy on private property and remanded the case for reconsideration following principles of natural justice. The Tribunal emphasized that the Customs authorities failed to draw samples for testing the oil, and the supplier's certificate should not have been ignored. Consequently, the appellants were granted the benefit of the doubt, and the impugned order was set aside.