1996 (8) TMI 231 - AT - Customs

Appellate Tribunal rules duty payment obligation for warehoused goods, denying refund under Customs Act.

The Appellate Tribunal CEGAT, Madras dismissed the appeal regarding the grant of refund for goods warehoused under Section 23 of the Customs Act, 1962. ... Remission/refund of duty Issues involved: The appeal concerns the grant of refund for goods warehoused under Section 23 of the Customs Act, 1962.Summary:The appeal before the Appellate Tribunal CEGAT, Madras involved a dispute regarding the grant of refund for goods that were warehoused and claimed to be unavailable at the time of clearance. The appellant argued that the loss of goods in the warehouse should be covered under Section 23 of the Customs Act, 1962, as the goods were eventually cleared for home consumption. However, it was pointed out that the warehousing provisions impose a duty on the person warehousing the goods to be accountable and pay duty on the goods. The Tribunal noted that under Section 72(d) of the Customs Act, 1962, individuals warehousing goods are obligated to pay duty for such goods, making the question of refund inapplicable. Consequently, the Tribunal held that the appellant's plea lacked merit and dismissed the appeal.In conclusion, the Tribunal ruled that the warehousing provisions of the Customs Act impose a duty on individuals warehousing goods to be accountable and pay duty, thereby precluding the possibility of a refund for goods claimed to be unavailable at the time of clearance.