Shandaar Scraps Ltd., imported during October, 2018 by sea a consignment of metal scrap weighing 7,000 M.T. (metric tonnes) from U.S.A. They filed a bill of entry for home consumption. The Assistant Commissioner passed a

CS Professional · Advanced Tax Laws · PYQS · June 2019
Shandaar Scraps Ltd., imported during October, 2018 by sea a consignment of metal scrap weighing 7,000 M.T. (metric tonnes) from U.S.A. They filed a bill of entry for home consumption. The Assistant Commissioner passed an order for clearance of goods and applicable duty was paid by them. Shandaar Scraps Ltd thereafter found, on taking delivery from the Port Trust Authorities (i.e., before the clearance for home consumption), that only 6,400 M.T. of scrap were available at the docks although they had paid duty for the entire 7,000 M.T., since there was no short-landing of cargo. The short-delivery of 600 M.T. was also substantiated by the Port-Trust Authorities, who gave a "weighment certificate" to Shandaar Scraps Ltd. On filing a representation to the Customs Department, Shandaar Scraps Ltd. has been directed in writing to justify as to which provision of the Customs Act, 1962 governs their claim for remission of duty on the 600 M.T. not delivered by the Port-Trust. You are approached by Shandaar Scraps Ltd. as "Counsel" for an opinion/advice. Examine the issues and tender your opinion as per Customs Act, 1962, giving reasons in brief and the provisions of the Customs Act, 1962.

Answer & Explanation:

As per the provisions of section 23 of the Customs Act, 1962 where it is shown to the satisfaction of the Assistant Commissioner of Customs or Deputy Commissioner of Customs that any imported goods have been lost (otherwise than as a result of pilferage) or destroyed, at any time before clearance for home consumption, the Assistant Commissioner of Customs or Deputy Commissioner of Customs shall remit the duty on such goods. Therefore the duty shall be remitted only, if loss has occurred before clearance for home consumption. In the given case, it is apparent from the facts that quantity of scrap received in India was 7000 metric tonnes and 600 metric tonnes thereof was lost when it was in custody of Port Authorities i.e. before clearance for home consumption was made. The loss of 600 MT of scrap cannot be construed to be pilferage, as loss of such huge quantity cannot be treated as "Petty Theft". Hence, company is being advised to take shelter under section 23 justifying his claim for remission of duty on the goods short supplied by the Port Trust Authorities as per certificate issued.

Topics: Customs Act

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