2017 (4) TMI 318 - AT - Customs

Warehoused goods - disposal of warehoused goods at the end of expiry period - Allocation and apportionment of proceeds of sale of imported goods that were warehoused and disposed off in accordance with section 150 of CA, 1962 - Jurisdiction of Commissioner - Held that - On perusal of the provisions of CA, 1962, we do not find that disposal or apportionment of sale proceeds is the responsibility of a Commissioner. If, in the course of a decision, a matter is referred to the Commissioner for approval, especially when it is not warranted, it cannot be claimed to be a decision which has been taken by the Commissioner in exercise of powers referred to in section 129A(1) of Customs Act, 1962. Because the grievance arise from a decision communicated by the Deputy Commissioner of Customs, without purporting to have originated elsewhere, an appeal lies before Commissioner of Customs (Appeals). We therefore find no infirmity of jurisdiction - without authority to retain balance of sale proceeds, there is grave impropriety in attempting to review a decision taken earlier to settle a portion of the claim preferred by the owner of the tank in which the warehoused goods were stored - appeal dismissed - decided against Revenue.

Summary

Issues:
Allocation and apportionment of proceeds of sale of imported goods under section 150 of Customs Act, 1962; Cancellation of approval for release of funds; Dispute over custodianship and rental dues.

Analysis:
The judgment addresses the dispute concerning the allocation and apportionment of proceeds from the sale of imported goods warehoused and disposed of under section 150 of the Customs Act, 1962. The case involves complexities arising from the cancellation of approval for the release of funds previously granted by the Deputy Commissioner of Customs and a dispute over custodianship between M/s Aegis Logistics Ltd and M/s Jupiter Dyechem Pvt Ltd. The central issue revolves around the claim of M/s Aegis Logistics Ltd for rental dues against the goods sold, which was contested due to non-payment. The judgment delves into the legal provisions governing the sale of goods and the application of sale proceeds under section 150 of the Customs Act, emphasizing the priority of expenses, duty, and other charges before the balance is paid to the owner.

The factual background reveals that the goods were auctioned after the importer failed to respond, leading to a duty liability of &8377; 95,68,727. Despite the appellant's challenge regarding M/s Aegis Logistics Ltd's status as a custodian, the judgment clarifies that any remaining amount after meeting specified claims must be returned to the owner. The court acknowledges M/s Aegis Logistics Ltd's claim for rental dues and its recognition as a vicarious claimant, even if not the official custodian. The judgment highlights the settlement of rental dues as crucial, especially considering the decree obtained by M/s Aegis Logistics Ltd for recovery from the deposited goods.

The court dismisses Revenue's contentions regarding the jurisdiction of the first appellate authority and the reversal of the original decision, emphasizing that the authority had the right to entertain the appeal. It clarifies that the disposal and apportionment of sale proceeds do not fall under the Commissioner's purview, and any decision communicated by the Deputy Commissioner is subject to appeal before the Commissioner of Customs (Appeals). The judgment concludes that the appeal lacks merit, emphasizing the impropriety of attempting to review a decision to settle the claim preferred by the owner of the tank. Ultimately, the appeal is dismissed, upholding the decision in favor of M/s Aegis Logistics Ltd.

In conclusion, the judgment provides a detailed analysis of the legal intricacies surrounding the allocation of sale proceeds, custodianship disputes, and the jurisdiction of appellate authorities in resolving such disputes under the Customs Act, 1962. It underscores the importance of adhering to statutory provisions and ensuring fair treatment of claimants in the distribution of sale proceeds from imported goods.