Warehousing of imported capital goods used in the generation of ...

Court Upholds Solar Power Warehousing Rights; CBIC Instruction Exceeds Authority Under Customs Act.

May 10, 2024

Case Laws     Customs     HC

Warehousing of imported capital goods used in the generation of solar power - Cancellation of license of warehousing as granted in terms of the MOOWR Regulations - Validity of a Central Board of Indirect Taxes and Customs [CBIC] Instruction - The Court ruled that the impugned instruction misinterpreted the statutory provisions, particularly the scope of Sections 61 and 65 of the Customs Act. The justices found that solar power generation could indeed be classified under operations permissible in a bonded warehouse. - The Court held that the instruction was ultra vires, meaning beyond the powers granted under the Customs Act. It was deemed contrary to the provisions of Section 151A, which prevents the issuance of directions that interfere with the discretion of customs officers. - The Court recognized the rights of the petitioners under the MOOWR Regulations to continue their operations.

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