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TMI Blog2016 (12) TMI 375X X X X Extracts X X X X X X X X Extracts X X X X ..... er authority without granting an opportunity for hearing. The matter was agitated by the appellant before the Commissioner (Appeals) who remanded the matter back to the lower authority by following observation:- "4(iii) According to the provisions of Section 15, the rate of duty applicable in the goods cleared from the warehouse is not that payable on the date on which the goods were warehoused and, therefore, there was need for revised assessment and determination of duty. The appellants have pointed out that duty payable would be only Rs. 91,013/-. Further, the bond executed by the appellants does not require to pay any interest as there was no provision for paying interest at the time when the bond was executed.& ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the rival submissions and also perused the records. We find that the Hon'ble High Court of Karnataka in the case of i2 Technologies Software Pvt. Ltd. (supra) was dealing with the following question of law:- "3.. We have heard the arguments of both sides and perused all the records. In the light of the arguments advanced by the learned Counsel for the appellant Revenue and the respondent the following substantial questions of law emerge for our consideration and decision thereon : (i) Whether, by virtue of the provisions of Sections 72(1)(a) and 72(2) of the Customs Act, 1962 the respondent Company lost its right u/s. 68 of the Act to relinquish title to the warehoused goods on the expiry ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of their remaining in the warehouse beyond the permitted period or its permitted extension, the goods have been deemed to have been improperly removed from the warehouse under Section 72." It is pertinent to note here that the Hon'ble Supreme Court did not lay down in the said case law to the effect that in the event of the importer allowing the warehoused goods to remain in the warehouse even after the expiration of the initial period of warehousing or the extended period he loses his right to relinquish his title to the said goods and consequently becomes liable to pay full amount of duly chargeable on such goods together with all penalties and interest. On a plain reading of the provisions of Sections 23(2), 47, 68 and the proviso to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... antial questions of law in the negative and against the appellant-Revenue, we dismiss the appeal. However, liberty is given to the Commissioner of Customs to recover from the respondent-Company the rent, interest under Section 68 of the Act in respect of the warehoused goods left in the warehouse, from the date of their deposit till 3-9-2003, the date of relinquishment of title thereto by the respondent company, and penalty under Section 117 of the Act in respect of the said goods. After adjusting the amount of rent, interest and penalty from out of the amount of Rs. 19,90,450/-, which was deposited by the respondent-Company, the Commissioner of Customs shall refund the balance amount to the respondent-Company." 5.2 We fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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