1983 (10) TMI 265 - AT - Customs

Summary

Issues:
1. Interpretation of Section 23 of the Customs Act, 1962 regarding remission of duty on imported goods.
2. Application of Section 70 of the Act in cases of volatile goods.
3. Determination of relief for shortage in consignment of synthetic camphor powder.

Analysis:

Issue 1: Interpretation of Section 23 of the Customs Act
The case involved a consignment of synthetic camphor powder imported by the appellants, which was warehoused and later presented for clearance for home consumption. The appellants claimed remission of duty due to shortages noted in the consignment. The Assistant Collector rejected the claim citing Notification No. 122/63, stating camphor was not declared as volatile by the Central Government. The Tribunal analyzed Section 23 of the Act, which allows duty remission for lost or destroyed goods before clearance for home consumption. It was held that warehoused goods are also covered under this provision, and the shortage in the consignment warranted remission of duty.

Issue 2: Application of Section 70 of the Act
The Senior Departmental Representative argued that Section 70 of the Act governs remission only for volatile goods listed under that section, and camphor was not included. However, the Tribunal clarified that Section 70 applies to specific volatile items, while Section 23 is applicable to goods lost before clearance for home consumption. The Tribunal emphasized that Section 23's interpretation does not render Section 70 redundant, as each provision applies to distinct scenarios based on the nature of the goods involved.

Issue 3: Determination of Relief for Shortage
Due to initial misunderstandings, the consignment was not fully weighed despite a request. The Tribunal noted minimum losses per carton during weighment and ordered remission of duty based on these findings. For one Bill of Entry, a rate of 0.6 kg per carton was allowed, and for another Bill of Entry, 1 kg per carton was granted. In a separate appeal involving a similar situation with a different number of cartons, the Tribunal ordered remission of duty at a rate of 1 kg per carton for the specified number of cartons based on the shortage observed during examination.

In conclusion, the Tribunal interpreted relevant provisions of the Customs Act to grant relief to the appellants for the shortages in the imported consignment, emphasizing the distinction between Sections 23 and 70 in determining duty remission for different circumstances.