https://www.taxtmi.com/caselaws?id=440326 An unpaid foreign seller retaining title to goods in a bonded warehouse cannot be compelled to pay duty and penalty as a pre-condition for re-export where the customs department raises its demand only after moratorium and liquidation and has not filed a claim in the insolvency process. On the facts, the department had no direct security interest, charge, or other arrangement with the seller, so it could not treat itself as a secured creditor or fasten the importer's defaults on the seller. Advance authorisation conditions do not override the insolvency framework or create seller liability absent a direct statutory basis. en-us Mon, 26 Jun 2023 00:00:00 +0530 Sat, 15 Jul 2023 10:52:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=440326 An unpaid foreign seller retaining title to goods in a bonded warehouse cannot be compelled to pay duty and penalty as a pre-condition for re-export where the customs department raises its demand only after moratorium and liquidation and has not filed a claim in the insolvency process. On the facts, the department had no direct security interest, charge, or other arrangement with the seller, so it could not treat itself as a secured creditor or fasten the importer's defaults on the seller. Advance authorisation conditions do not override the insolvency framework or create seller liability absent a direct statutory basis. Case-Laws Customs Mon, 26 Jun 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=440326