2016 (5) TMI 738 - AT - Customs

Relinquishment of goods - Import of electric goods during 1995-96 - cleared under warehousing bill of entry and kept in warehouse - Seeked permission for re-export of goods after paying the penalties imposed - Appellant contended that Customs all along have been careless and the result has been that their part goods have been auctioned without any intimation to them and that remaining goods of 12 consignments were also not in the condition to be re-exported as they had all been opened as the goods were being readied to be auctioned. Held that - the request of the appellant deserves to be accepted as there cannot be any purpose served by re-exporting such goods as these goods are electric goods which have become obsolete by now. There has not been any default on the part of appellant as a reason for not allowing them relinquishment of the title of the goods, when the appellants had paid all the rents, interest and other charges and penalties which are payable as per provisions of Section 68 of the Customs Act 1962. - Decided in favour of appellant

Summary

Issues:
1. Whether the appellants are liable to pay duty concerning the impugned goods.
2. Whether the appellants should be allowed to relinquish their goods due to them being unsuitable for re-export.

Analysis:
1. The case involved the import of electric goods during 1995-96, which were cleared under a warehousing bill of entry and kept in a warehouse. The Department extended the warehousing period upon the appellant's request. Subsequently, the appellant sought permission for re-export, which was granted by Customs subject to penalties paid by the appellant. However, after the warehousing period expired, the Department issued an order demanding duty payment from the appellants. The matter went through various appeals and remands, with the Tribunal eventually directing the original authority to take necessary action on the re-export request. The appellants discovered that some goods had been auctioned without their knowledge, and the remaining goods were not in suitable condition for re-export. The Tribunal found that the Revenue had been careless in handling the situation, considering that the goods were not fit for re-export despite penalties being paid. The Tribunal concluded that the appellants should be allowed to relinquish the goods, as they had fulfilled all obligations under the Customs Act 1962.

2. The appellants argued that Customs had been negligent in handling the goods, leading to part of the goods being auctioned without their knowledge and the remaining goods being unsuitable for re-export due to being opened and potentially auctioned. The Revenue reiterated the lower authorities' decisions. The Tribunal acknowledged the appellants' concerns and found that the goods were indeed not in a condition suitable for re-export, despite the penalties paid and requests made by the appellants. Considering all the facts and circumstances, the Tribunal agreed that the appellants should be permitted to relinquish the goods. The Tribunal directed the Department to accept the appellants' request for relinquishment, as there was no default on their part in fulfilling their obligations under the Customs Act 1962. The appeal was allowed in favor of the appellants.