https://www.taxtmi.com/caselaws?id=51046 Imported machinery lying in a bonded warehouse and damaged by an accidental fire before clearance for home consumption qualified for remission of customs duty under section 23 of the Customs Act, 1962. The statutory test was whether the goods were lost or destroyed before clearance, and that requirement was satisfied on the certified fire damage. Alleged non-compliance with exemption notification conditions, including non-utilisation for export manufacture, did not displace the remission provision, because the goods had not yet been cleared and the statutory scheme governed the liability. Insurance issues and alleged lack of fire precautions were treated as irrelevant absent proof of fraud or negligence by the importer. Remission was therefore allowed. en-us Mon, 26 Nov 2001 00:00:00 +0530 Wed, 22 Sep 2010 13:32:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=51046 Imported machinery lying in a bonded warehouse and damaged by an accidental fire before clearance for home consumption qualified for remission of customs duty under section 23 of the Customs Act, 1962. The statutory test was whether the goods were lost or destroyed before clearance, and that requirement was satisfied on the certified fire damage. Alleged non-compliance with exemption notification conditions, including non-utilisation for export manufacture, did not displace the remission provision, because the goods had not yet been cleared and the statutory scheme governed the liability. Insurance issues and alleged lack of fire precautions were treated as irrelevant absent proof of fraud or negligence by the importer. Remission was therefore allowed. Case-Laws Customs Mon, 26 Nov 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=51046