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Issues:
Claim for refund of duty paid on short-shipped goods after clearance from Customs charge. Analysis: The appellant placed an order for spares from a supplier in Japan for its cement factory. Upon receiving the consignment, it was discovered that some items were short. A Chartered Engineer confirmed the shortage, and the supplier acknowledged the deficiency. The missing items were later sent to the appellant free of charge. The appellant sought a refund of the duty paid on the short-shipped goods. The Assistant Collector and the Collector (Appeals) rejected the claim, stating that the shortage was noticed after the goods were cleared from Customs charge. The Tribunal noted that while the Customs Act does not explicitly cover refunds for short-shipped goods, there is a practice of sanctioning such refunds. The absence of a specific provision does not preclude the refund. The Tribunal cited past decisions supporting the refund of duty in similar cases. The Collector (Appeals)'s reasoning that refunds cannot be granted for goods out of Customs charge was deemed invalid as it lacked legal basis. The Departmental Representative argued for a higher standard of evidence for cases where goods have left Customs charge. However, the Tribunal emphasized that each case must be assessed individually. In this instance, evidence supported the appellant's claim, including documents from the manufacturer confirming the shortage and the subsequent supply of the missing items free of charge. The Tribunal found sufficient evidence to grant the refund on the duty paid for the short-shipped goods. In conclusion, the Tribunal allowed the appeal, directing the refund to be sanctioned and paid to the appellant. The decision was based on the specific circumstances of the case, and it clarified that it did not establish a general principle beyond the entitlement to a refund for short-shipped goods.
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