9911796707
TMI Blog2007 (7) TMI 536X X X X Extracts X X X X X X X X Extracts X X X X ..... ture goods which are cleared for domestic consumption. The Import and Export Policy provides for duty free import for the purposes of re-export i.e. the goods can be imported from abroad and can be re-exported back, out of the country, in the same condition. The goods which are imported in such circumstances are to be stored in a Custom bonded warehouse and thereafter as and when the appellant company procures an export order, the goods are allowed to be removed from the warehouse and exported out of India against realization of foreign exchange. In the course of such a normal business transaction, it is a common practice that sometimes, foreign buyers either revoke the orders or delay the opening of letters of credit and on such occasions, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... distinguishable from the facts and circumstances of the appellants case. According to him the issue in the present case is covered by the first proviso to Section 68 of the Customs Act whereby the appellants have relinquished the title to the goods before an Order for clearance of the goods for home consumption have been made from the bonded warehouse. The Department has not taken proper cognizance of the Board Circular dated 20th May 2003. He also relied upon the decision in the case of Mafatlal Fine Spinning reported in 1987 (27) E.L.T. 19 and CC, Chennai v. Jayanthi Krishna Co. - 2000 (119) E.L.T. 4 (S.C). On the strength of the afore said decision the appellants pray to set aside the impugned orders. 5. The ld. DR simply reiterated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the permitted extended period. In that case the appellant has filed bill of entry for 4832 bales of rayon grade wood pulp for warehousing. They were warehoused on 16th June, 1984 in a private bonded warehouse. Out of these, 4000 were cleared and the matter concerned only with the remaining 832 bales. The period of bond came to an end on 15th September, 1984 under Section 61(1) (b) of the Customs Act, 1962. The contention was put forth by the importer that the rate of Customs duty in force on the date of removal of the said bales from the bonded warehouse was the applicable rate as per Section 15(1)(b) and by virtue of exemption notification, no duty was payable by them. The goods were not cleared from warehouse under Section 68 but were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mstances the Division Bench of this Tribunal in the case of RPG Cables Ltd. v. CC (Imports), Mumbai - 2007 (212) E.L.T. 538 (Tri. - Mum) held that the importer is entitled to relinquish his title to goods in terms of Section 23(2) of Customs Act, 1962 even after expiry of warehousing period - Section 68 ibid. The Tribunal has followed various other decisions and also referred Kesoram Rayon. Sub-Section 2 of Section 23 of the Customs Act, 1962 deals with the owner of any imported goods may, at any time before an order for clearance of goods for home consumption under Section 47 or an order for permitting the deposit of goods in a warehouse under Section 60 has been made, relinquish his title to the goods and thereupon he shall not be liable ..... X X X X Extracts X X X X X X X X Extracts X X X X
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