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2015 (9) TMI 245 - SUPREME COURT
Levy of duty on goods actually imported – Appellant imported crude oil which was said to have escaped payment of full customs duty –Revenue in its show cause stated that quantity of crude oil mentioned in various bills of lading should be basis for payment of duty, and not quantity actually received into shore tanks in India – According to Commissioner, full payment for goods has to be made on quantity mentioned in bill of lading – Tribunal also accepted Commissioner's reasoning – Held that:- levy of customs duty under Section 12 is only on goods imported into India – If the goods are pilferred after they are unloaded or lost or destroyed at any time before clearance for home consumption or deposit in warehouse, importer is not liable to pay duty leviable on such goods – Reasons given by Tribunal is incorrect in law –Tribunal's reasoning that somehow when customs duty is ad valorem basis for arriving at quantity of goods imported changes, is wholly unsustainable – Therefore Tribunal's judgment set aside and declare that quantity of crude oil actually received into shore tank in port in India should be basis for payment of customs duty – Appeals disposed of – Decided in favour of assesse.