Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Customs - Highlights / Catch Notes

Home Highlights June 2024 Year 2024 This

The case involves a dispute u/s Customs Act regarding remission ...


Remission of duty on goods lost in fire in SEZ deemed foreign territory - CESTAT allows appeal, rejects duty demand.

Case Laws     Customs

June 6, 2024

The case involves a dispute u/s Customs Act regarding remission of duty for goods lost in a fire in an SEZ. The tribunal held that loss of goods in fire does not constitute non-utilization for authorized operations. Citing a similar case, it concluded that goods destroyed in a foreign territory are not subject to customs duty. The tribunal rejected the application of remission citing incorrect application of Customs Act provisions to SEZ Act. It found the demand for duty on entire stock post-fire unjustified, as evidence showed not all goods were destroyed. The impugned order was set aside, and the appeal was allowed.

View Source

 


 

You may also like:

  1. The appellant, a 100% Export Oriented Unit (EOU), imported goods and stored them in a licensed warehouse u/s 58 of the Customs Act, 1962. These goods were destroyed in a...

  2. Remission of duty - fire broke out accidentally - loss and destruction of goods because of accidental fire which took place in the appellant factory falls within the...

  3. Rejection of remission of duty in respect of the goods lost in fire - once insurance company has granted the insurance claim for the principal amount of the goods...

  4. Remission of duty - assessee are entitled for remission of duty on inputs gone in the manufacturing process which has been lost in fire - AT

  5. Remission of Duty - goods destroyed by fire in factory - Rule 21 - In the present case the entire case has been made out against the appellant for failure to get a...

  6. Remission of duty on the goods lost in fire accident - The position in law is very clearly stated in Rule 49 according to which duty is chargeable only on removal of the...

  7. Denial of remission of duty - Goods lost in fire - appellant has taken Cenvat Credit correctly and there is also no provision in the Cenvat Credit Rules to reverse...

  8. Remission of duty - Goods destroyed in fire after removal of goods - failure to export the goods- remission denied but penalty waived - CGOVT

  9. Rejection of application for remission of duty in respect of imported raw-material destroyed in fire, in the appellant’s SEZ unit - The insurance company has...

  10. Remission of duty - Rejection of petitioner’s application for remission of excise duty - export goods that got destroyed in fire at the Container Warehousing Corporation...

  11. Remission of excise duty - fire incident - appellant has placed sufficient material on record to show that finished/semi-finished goods were destroyed in fire accident...

  12. 100% EOU - Remission of duty on goods destroyed in the fire - liability to pay anti-dumping duty (ADD) - The goods imported were destroyed in fire and therefore, there...

  13. Goods destroyed by fire - demand of duty on the finished goods destroyed in the fire - Filing of a remission application is only a procedural aspect and the prayer to...

  14. Remission of duty – the assessee are entitled to 'remission of duty' paid on the goods lost or destroyed by fire at any time before physical clearance of the goods for...

  15. Remission of duty - Application of Section 23 - duty free goods brought into SEZ and the same were destroyed in fire or otherwise - The Appellate Tribunal noted that...

 

Quick Updates:Latest Updates