1996 (8) TMI 109 - SC - Customs

What will be the rate at which Customs duty is to be levied on goods that remain in a bonded warehouse beyond the permitted period? Held that - The permitted period for warehousing the said bales came to an end on 15th September, 1984, but the said bales remained in the bonded warehouse thereafter. The said bales, by reason of the provisions of Section 72, were deemed to have been improperly removed from the bonded warehouse on that day and subject to duty at the rate then in force. The demand notice dated 8th May, 1985, called upon the appellants to pay such duty. The order dated 25th June, 1985, pertaining to the appellants' private bonded warehouse, rightly made it clear that the said bales had not been cleared therefrom on an ex-bond bill of entry under Section 68 but under Section 72. While the appellants may have filed an ex-bond bill of entry pertaining to the said bales on 30th May, 1985, there is nothing on record that suggests that clearance thereon under Section 68 was ordered. Section 15(1)(b) has, therefore, no application. The consequence of non-removal of warehoused goods within the permitted period or the permitted extension is, by virtue of the terms of Section 72, certain. The date on which it comes to end is the date relevant for determining the rate of duty. When the duty is, in fact, demanded is not relevant. The alternative submission on behalf of the appellants must, therefore, also be rejected. Appeal dismissed.

1994 (9) TMI 105 - SC

Issues Involved:

1. Applicability of Section 15(1)(b) of the Customs Act, 1962.
2. Determination of the rate of customs duty on goods remaining in a bonded warehouse beyond the permitted period.
3. Legality of the demand notice issued under Section 72(1) of the Customs Act, 1962.
4. Consequences of non-removal of warehoused goods within the permitted period.

Detailed Analysis:

1. Applicability of Section 15(1)(b) of the Customs Act, 1962:

The appellants contended that the rate of customs duty applicable to the goods should be determined based on the provisions of Section 15(1)(b), which states that the rate of duty and tariff valuation applicable to any imported goods shall be the rate and valuation in force on the date on which the goods are actually removed from the warehouse. The Tribunal, however, noted that the goods were removed from the bonded warehouse after the expiry of the bonding period and not under Section 68, but under the order passed under Section 72. Therefore, Section 15(1)(b) did not apply as no ex-bond bill of entry for home consumption was filed, and no order for clearance for home consumption was made.

2. Determination of the rate of customs duty on goods remaining in a bonded warehouse beyond the permitted period:

The Tribunal held that the applicable rate of duty was the rate in force on the date of filing of the into-bond bill of entry, as provided in Section 15(1)(b) read with the proviso to Section 15(1) and Section 46. The Customs authorities charged duty on the goods at this rate under the provisions of Section 72. Interest was also recoverable from the appellants for storage of the goods after the expiry of the bonding period. The Supreme Court upheld this view, stating that goods improperly removed from a warehouse are subject to duty at the rate applicable on the date of their deemed removal from the warehouse, i.e., the date on which the permitted period or its permitted extension came to an end.

3. Legality of the demand notice issued under Section 72(1) of the Customs Act, 1962:

The Assistant Collector of Customs issued a demand notice under Section 72(1) of the Act, stating that the goods remained in the bonded warehouse beyond the permitted period without an extension. Consequently, the appellants became liable to pay customs duty, countervailing duty, and interest for the period from the expiry of the permitted period to the date of removal of the goods from the bonded warehouse. The Supreme Court found no illegality in the order of the Customs authorities and upheld the demand notice.

4. Consequences of non-removal of warehoused goods within the permitted period:

Section 72 deals with goods improperly removed from a warehouse. Goods not removed from a warehouse within the permitted period are treated as improperly removed from the warehouse. The importer may be called upon to pay customs duty on them at the rate applicable on the date of their deemed removal. The Supreme Court emphasized that the provisions of Section 68 and, consequently, Section 15(1)(b) apply only when goods have been cleared from the warehouse within the permitted period or its extension. Since the goods in question remained in the warehouse beyond the permitted period, they were deemed to have been improperly removed under Section 72, and the duty was payable at the rate in force on the date the permitted period ended.

Conclusion:

The Supreme Court dismissed the appeal, holding that the goods were deemed to have been improperly removed from the bonded warehouse on the expiry of the permitted period, and the applicable rate of duty was the rate in force on that date. The demand notice issued by the Customs authorities was found to be legal and enforceable. The appeal was dismissed with costs.

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