2002 (7) TMI 478 - AT - Customs

Tribunal grants refund for damaged goods under Customs Act, distinguishing between Sections 13 and 23.

The Tribunal allowed the appeal, setting aside the impugned order and granting consequential reliefs to the appellants based on the damaged condition of ... Remission of duty Issues:Claim for refund/remission of duty based on damaged goods.Analysis:The appellants filed a bill of entry for home-consumption, paying Customs Import Duty based on the documents provided. Upon physical examination, it was discovered that the goods were burnt and damaged. A joint survey confirmed the damage, leading to a refund/remission claim under Section 23 of the Customs Act, 1962, along with a request for relinquishment of the goods. The claim was rejected by the authorities, citing Section 23 dealing with remission when duty has not been paid beforehand. The appellants referred to a Tribunal decision granting remission for short-supplied goods even if duty was paid. The Tribunal found that the goods were indeed damaged, citing precedents where remission was allowed for pilferage post-clearance order but pre-delivery, emphasizing the importer's lack of control until physical delivery. Distinguishing Section 13 from Section 23, the Tribunal concluded that the appellants were entitled to a refund/remission of duty as the goods were damaged and not cleared, overturning the lower authorities' decision.Therefore, the Tribunal allowed the appeal, setting aside the impugned order and granting consequential reliefs to the appellants based on the damaged condition of the goods and the applicability of Section 23 for refund/remission of the duty paid.