1992 (8) TMI 86 - HC - Customs

Summary

Issues Involved:

1. Enhancement of the value of imported goods by Customs Authorities.
2. Release of goods and warehousing charges.
3. Theft of goods from the warehouse.
4. Determination of customs duty on stolen goods.
5. Security for the claim of West Bengal State Warehousing Corporation.

Summary:

1. Enhancement of the value of imported goods by Customs Authorities:
The appellant imported defective Zinc Aluminium Sheets and declared the value at Rs. 2440.76 per metric ton. Customs Authorities assessed the value at Rs. 3,995/- per metric ton. The appellant challenged this enhancement, asserting no basis for it. The Court found that the Customs Authorities failed to apply the principles of valuation as per the Customs Valuation Rules and relied on irrelevant instances. The Court emphasized that the onus of proving mis-declaration lies with the Department and cannot be based on suspicion. The matter was remanded to the Collector of Customs for a fresh assessment after providing the appellant with all relevant documents.

2. Release of goods and warehousing charges:
The appellant sought the release of goods and claimed that warehousing charges should be borne by the Customs Authorities. The Court allowed the removal of goods to another warehouse on the condition that the appellant discharges the lien of the West Bengal State Warehousing Corporation. The Supreme Court directed the appellant to furnish security of Rs. 10 lakhs for the warehousing claim.

3. Theft of goods from the warehouse:
Approximately 96 metric tons of goods were stolen from the warehouse. The Court held that no customs duty can be levied on the stolen goods and directed the Customs Authorities to consider this while determining the duty payable by the appellant.

4. Determination of customs duty on stolen goods:
The Court reiterated that the appellant is only liable to pay customs duty on the goods found after the theft and not on the stolen goods. This was not disputed by the respondents.

5. Security for the claim of West Bengal State Warehousing Corporation:
The appellant was directed to secure the claim of Rs. 23 lakhs by depositing Rs. 10 lakhs in fixed deposit and Rs. 8 lakhs in Indira Vikas Patra. The Court ordered that the security be retained until 30th November 1992, and if no proceedings are initiated by the Warehousing Corporation, the security should be returned to the appellant. The lien of the Warehousing Corporation on the goods was shifted to the security provided.

The appeal and applications were disposed of with no order as to costs, and the Registrar was instructed to act on a signed xerox copy of the judgment.