TaxTMI 
TaxTMI 
2023 (11) TMI 484
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....he facts of the case are that the appellants filed Ex-bond Bill of Entry No.162399 dated 15.7.2005 and No.168644 dated 7.11.2005 for clearance of 1575 MTs and 1570 MTs of Methanol, respectively imported from Southern Unicorn & Sun Great; initially the said Bills of Entry were provisionally assessed pending verification of the documents. The assessments were later finalised on the basis of the documents submitted by taking note of the quantity as shown in the imported document and not the actual quantity received in the Shore Tanks. The assessments were finalised on the basis of CBEC Circular dated 12.1.2006. Consequently, differential duty of Rs.8,978/- and Rs.15,420/- has been confirmed with interest. Aggrieved by the said orders, the appe....
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....port, be the basis for determination of value as well as duty. 6. We find that this issue has been considered by the Hon'ble Supreme Court in the case of Mangalore Refinery and Petrochemicals Ltd. case (supra) after analysing the provisions of Customs Act, their Lordships observed that: "15. We are afraid that each one of the reasons given by the Tribunal is incorrect in law. The Tribunal has lost sight of the following first principles when it arrived at the aforesaid conclusion. First, it has lost sight of the fact that a levy in the context of import duty can only be on imported goods, that is, on goods brought into India from a place outside of India. Till that is done, there is no charge to tax. This Court in Garden Silk Mills Ltd. ....
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....ase of a purchase tax is the purchase of goods. The quantity of goods stated in a bill of lading would perhaps reflect the quantity of goods in the purchase transaction between the parties, but would not reflect the quantity of goods at the time and place of importation. A bill of lading quantity therefore could only be validly looked at in the case of a purchase tax but not in the case of an import duty. Thirdly, Sections 13 and 23 of the Customs Act have been wholly lost sight of. Where goods which are imported are lost, pilfered or destroyed, no import duty is leviable thereon until they are out of customs and come into the hands of the importer. It is clear therefore, that it is only at this stage that the quantity of the goods imported....