9911796707
TMI Blog1990 (5) TMI 143X X X X Extracts X X X X X X X X Extracts X X X X ..... Oral)]. - This appeal is directed against the order of the Collector of Customs Central Excise (Appeals), Madras, dated 10-05-1988 rejecting the appellants claim for refund under Section 13 of the Customs Act, 1962, the Act for short. 2. The appellants herein imported four cases of spare parts for Earthmoving Equipment in or about 13th January, 1986 and the goods were cleared by the Cus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ants, contended that Section 13 of the Act envisages pilferage of goods after the unloading thereof and before the proper officer has made an order for clearance for home consumption and laid emphasis that the time at which the pilferage takes place would be of relevance in considering the scope of Section 13 of the Act and not when it is actually reported or noticed. The learned Consultant submit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earned DR also referred to the fact that the appellants did not immediately complain either to the Port Trust authorities or to the Police about the pilferage. 5. We have carefully considered the submissions made before us. The short question that arises for our consideration in the present appeal is with reference to the scope and applicability of Section 13 of the Customs Act, 1962 in the cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellants in their factory and in our view the Surveyors are not competent to precisely indicate the time of pilferage and even in the certificate they have merely opined that shortage could have been caused due to pilferage whilst the goods were lying at the Port Trust premises pending clearance, as was evidenced by a big hole found on one of side planks of the case involved (which was visible o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve sense including loss due to theft or pilferage. The ruling in Sharma Metal Rolling Mills case cited supra only deals about the acceptability of private Survey report in the context of that case. Therefore, on consideration of the entire evidence on record, we are of the view that the refund claim is not brought within the mischief of Section 13 of the Act and, therefore, has been rightly reject ..... X X X X Extracts X X X X X X X X Extracts X X X X
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