2005 (5) TMI 381 - AT - Customs

Tribunal upholds duty demand on warehoused goods; advises addressing disposal separately for procedural fairness

The Tribunal upheld the duty demand on warehoused goods under the Customs Act, 1962, despite pending extension applications for warehousing period. The ... Demand - Goods lying in warehouse beyond warehousing period Issues:Appeal against demand of duty, interest, and penalty under Customs Act, 1962 for goods not cleared within bond validity period. Argument for pending extension applications for warehousing period. Allegation of disposal of goods without notice and denial of principles of natural justice. Legal validity of original authority's order upheld by Commissioner (A).Analysis:The appeal was filed against an order demanding duty, interest, and penalty under the Customs Act, 1962 due to goods not being cleared within the validity period of the bonds. The Commissioner (Appeals) upheld the order, stating that the appellants had accepted duty liability under the Customs Act, despite the goods being disposed of while the appeal was pending. The appellants argued that the pending extension applications for warehousing period should invalidate the duty demand, citing relevant case laws.During the proceedings, the appellants contended that the department's failure to consider their extension applications for warehousing period rendered the duty demand untenable. They relied on previous decisions emphasizing the duty of the Commissioner/Chief Commissioner to consider such applications even if belatedly made. The appellants also argued for the inherent powers of the CESTAT to rectify departmental errors, citing legal precedents to support their position.The Departmental Representative justified the original authority's order based on a Supreme Court decision, asserting that goods left in the warehouse beyond the warehousing period are deemed to have been improperly removed. The Tribunal carefully reviewed the case facts and observed that while the goods were indeed beyond the warehousing period, the appellants' arguments regarding pending extension applications were not raised before the original authority or the first appellate authority. The Tribunal found no infirmity in the Order-in-Original and the Order-in-Appeal, except for the penalty under Section 117, which was set aside.Ultimately, the Tribunal upheld the duty demand on the warehoused goods but noted that the issue of disposal without notice should be addressed before the appellate authority. The Tribunal advised the appellants to challenge the disposal order separately and partially allowed the appeal by setting aside the penalty. The judgment highlighted the importance of procedural fairness and the need to address specific issues through the appropriate legal channels.