2018 (8) TMI 433 - AT - Customs

Tribunal rules in favor of appellants, allowing relinquishment of goods title, quantification of charges

KAVVERI TELECOM PRODUCTS LIMITED Versus C. C-BANGALORE-CUS

KAVVERI TELECOM PRODUCTS LIMITED Versus C. C-BANGALORE-CUS - TMI Issues:1. Violation of conditions of Notification and Bond executed by appellants.2. Rejection of extension of warehousing period by Commissioner of Customs.3. Entitlement to remission of duty under Section 23(1) of the Customs Act, 1962.4. Liability to pay interest and penalty on relinquishment of title of warehoused goods.Analysis:Issue 1: Violation of conditions of Notification and BondThe appellants imported connectors under an exemption but failed to utilize them within the prescribed time limit for manufacturing and exporting final products. The Department issued a Show Cause Notice (SCN) demanding Customs duty, interest, and penalty. The lower authorities confirmed the demand and penalty. The appellants argued that due to market loss post 9/11, they couldn't use the goods and requested an extension, which was rejected. They relied on precedents emphasizing consideration of belated applications.Issue 2: Rejection of extension of warehousing periodThe Commissioner rejected the extension request, leading to the appellants' request for abandonment of goods. The appellants claimed the right to relinquish the title of goods and sought remission of duty under Section 23(1) of the Customs Act, 1962. They cited legal precedents supporting their position and argued that the taxable event had not occurred at the time of the SCN, aligning with settled law.Issue 3: Entitlement to remission of dutyThe appellants contended that the goods became useless for them and should be considered 'destroyed,' warranting remission of duty. They referenced a case supporting their stance and highlighted the taxable event concerning warehoused goods as per Supreme Court rulings.Issue 4: Liability for interest and penaltyThe debate centered on whether the appellants, upon relinquishing the title of warehoused goods, were liable to pay interest and penalty. The appellants argued against such liability, citing relevant case law and a CBEC Circular. The Department contended that the appellants' delay in seeking an extension impacted their claim.JudgmentThe Tribunal found in favor of the appellants, allowing the appeal by remanding the case to the original authority. The Tribunal held that no duty was chargeable from the appellants and directed the quantification of rent, interest, charges, and penalties, if applicable, while accepting the relinquishment of goods' title. The judgment emphasized the appellants' right to relinquish goods before clearance for home consumption, aligning with legal precedents and distinguishing relevant case law to support the decision.