https://www.taxtmi.com/caselaws?id=432223 Custody of uncleared imported cargo did not by itself make the Port Trust liable for customs duty, because Section 45(3) applies only where goods are pilfered after unloading while in the relevant custody. The record showed that the cargo was lost in a super cyclone, the importer had notified Customs of the loss, and there was no proof of pilferage. Section 48 did not impose a separate duty liability on the Port Trust, and the port licence conditions placed stored goods at the owner's risk. On that basis, the customs demand and consequential penalty were held unsustainable against the Port Trust. en-us Tue, 13 Dec 2022 00:00:00 +0530 Sat, 31 Dec 2022 11:23:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=432223 Custody of uncleared imported cargo did not by itself make the Port Trust liable for customs duty, because Section 45(3) applies only where goods are pilfered after unloading while in the relevant custody. The record showed that the cargo was lost in a super cyclone, the importer had notified Customs of the loss, and there was no proof of pilferage. Section 48 did not impose a separate duty liability on the Port Trust, and the port licence conditions placed stored goods at the owner's risk. On that basis, the customs demand and consequential penalty were held unsustainable against the Port Trust. Case-Laws Customs Tue, 13 Dec 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=432223