1994 (3) TMI 246 - AT - Central Excise

Summary

Issues: Delay in filing Reference Application, Interpretation of end-use bond and liability for non-accounted quantity

In this case, the main issue was the delay of about 20 days in filing the Reference Application, attributed to consultation with higher authorities. The judge, after hearing both sides, decided to condone the delay. The Reference Application was challenging an order regarding the import of waste paper for manufacturing paper and paperboard. The order addressed the discrepancy in the quantity of waste paper imported against the quantity for which an end-use certificate was produced. The bench found that a portion of the discrepancy was due to short delivery from the dock, which was not cleared from the Customs area, and thus, the demand for this quantity was set aside. However, the remaining unaccounted quantity was considered a loss in transit, and the duty was confirmed only for this portion. The Reference Application was filed against this order.

Regarding the interpretation of the end-use bond and liability for the non-accounted quantity, the judge noted that no specific legal question was framed in the Reference Application. The Collector's telex raised a point on whether an importer, after executing a bond for the total manifested quantity, could be given the benefit of shortage. The judge analyzed the factual position and evidence, concluding that the quantity not cleared from the Customs area could not be held against the importers, as per Section 23 of the Customs Act, which allows remittance of duty for lost or destroyed goods before clearance for home consumption. Since the short delivery was established, the liability for this quantity could not be imposed on the importers based on the bond alone. As no legal question arose from the bench's order, the Reference Application was dismissed.

In summary, the judgment addressed the delay in filing the Reference Application, the discrepancy in the imported waste paper quantity, and the interpretation of the end-use bond in relation to the liability for the non-accounted quantity. The decision to condone the delay and dismiss the Reference Application was based on the factual findings and legal provisions, particularly Section 23 of the Customs Act, governing duty remittance for lost or destroyed goods before clearance.