2015 (5) TMI 1112 - AT - Customs

Extension of warehousing period - power of Commissioner to extend warehousing period - natural justice - interpretation of statute - Held that - liberal interpretation is possible in the fitness of the circumstances of the case following the law laid down by apex Court in Sambhaji Vs. Gangabai 2008 (11) TMI 393 - SUPREME COURT OF INDIA holding that rules cannot be tyrant of law but should be servant thereof and procedure being handmade of justice it should not cause obstruction to render substantial justice - appeal allowed by way of remand.

Summary

Issues:
Extension of bonding period for capital goods in bonded warehouse, Dutiability of goods under EPCG license, Violation of natural justice in passing orders, Public confidence in authorities' actions, Judicial interpretation and application of law.

Extension of Bonding Period:
The appellant sought an extension for the period of warehousing of high-cost capital goods stored in a bonded warehouse beyond the initial expiry dates in 2013. The Commissioner had the authority to extend the period by six months but did not act on the appellant's application. The Tribunal held that the absence of a requirement for a prior application meant that even a post-expiry application was valid and entertainable. The appellant's application filed after the expiry was considered valid under the law.

Dutiability of Goods under EPCG License:
The capital goods in question became duty-free under an EPCG license issued to the appellant after the expiry of the warehousing period. The Tribunal emphasized that the dutiability of goods is determined at the date of clearance. As there was no duty leviable even at the time of the order under section 61, the Commissioner's decision to deny clearance and levy interest was deemed inappropriate. The Tribunal highlighted the importance of considering the duty status of goods at the time of clearance.

Violation of Natural Justice in Passing Orders:
The order passed by the Commissioner on 17.7.2013 was found to violate principles of natural justice. Subsequently, the Tribunal directed a remand order for a reevaluation of the case. The Tribunal criticized the technical approach taken in the remand order, emphasizing the need to consider the substance of the case and the appellant's situation rather than focusing solely on technicalities.

Public Confidence in Authorities' Actions:
The Tribunal expressed concern over the prolonged storage of goods in a bonded warehouse for three years without a clearance order, highlighting the impact on the appellant's investment and time value. Emphasizing the importance of justice and public confidence, the Tribunal cited a Supreme Court ruling to support a liberal interpretation of the law. The authorities were directed to clear the goods promptly to avoid injustice and restore public confidence in their actions.

Judicial Interpretation and Application of Law:
The Tribunal set aside the order dated 7.10.2014, emphasizing the need for a fair and just interpretation of the law. Referring to a Supreme Court decision, the Tribunal stressed that rules should serve justice and not obstruct it. The authorities were instructed to clear the goods promptly, considering the nature of dutiability and the EPCG license, to ensure the proper application of the law and the delivery of substantial justice.