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of <h1>Tribunal rules in favor of Petroleum Unit, overturns duty demand based on removal date, emphasizes need for evidence.</h1> <h3>INDIAN OIL CORPORATION LTD. Versus COMMR. OF CUS., KOLKATA</h3> INDIAN OIL CORPORATION LTD. Versus COMMR. OF CUS., KOLKATA - 2003 (154) E.L.T. 446 (Tri. - Kolkata) Issues:- Duty demand on ex-bond Bills of Entry for home consumption- Interpretation of Customs Act provisions regarding rate of duty determination- Evidence requirement for bonded warehouses for customs purposes- Imposition of penalty under Section 114A of the Customs ActAnalysis:1. Duty Demand on Ex-Bond Bills of Entry for Home Consumption:The case involved a Public Sector Petroleum Unit importing consignments at Haldia Port and clearing them into their bonded warehouse tanks. The issue arose when the Customs Department demanded duty on certain ex-bond Bills of Entry for home consumption filed by the appellant for High-Speed Diesel (HSD) delivered through pipelines to various Tap Off Points (TOPs). The demand was based on enhanced duty rates effective from 1-3-1999.2. Interpretation of Customs Act Provisions Regarding Rate of Duty Determination:The Commissioner relied on Section 15(l)(b) of the Customs Act, which specifies that the rate of duty on imported goods cleared from a warehouse should be determined based on the date of physical removal from the warehouse for home consumption. The Commissioner found that the date of removal at the TOPs should be considered for duty determination. However, the appellant failed to provide evidence that the TOPs were not bonded warehouses for customs purposes.3. Evidence Requirement for Bonded Warehouses for Customs Purposes:Upon examination of the bonded warehouse licenses issued for the tanks at Haldia, it was established that the licenses were granted under Section 58 of the Customs Act specifically for storage at Haldia. The licenses did not extend to the outlet pipelines or the TOPs. Therefore, the physical removal of imported oil from the licenced warehouse tanks at Haldia through the unbonded outlet pipeline constituted the actual removal for duty determination purposes.4. Imposition of Penalty Under Section 114A of the Customs Act:The Commissioner imposed a penalty under Section 114A of the Customs Act due to the appellant's failure to produce evidence regarding the bonded status of the TOPs. However, the Tribunal found that since no duty could be determined or demanded based on the evidence presented, there was no justification for the penalty imposition.In conclusion, the Tribunal set aside the impugned order, allowing the appeal with consequential relief as per the law. The judgment clarified the interpretation of Customs Act provisions related to duty determination for goods cleared from bonded warehouses and emphasized the importance of providing evidence regarding the customs status of relevant facilities.
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