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2014 (10) TMI 299 - AT - CustomsConfiscation of goods - Relinquishment of title of goods - Interest on warehoused goods - Held that:- Section 72 (1) (b) states that any warehoused goods not removed from a warehouse at the expiration of the period permitted under Section 71 are considered as goods improperly removed and the owner of such goods is required to pay, the full amount of duty chargeable together, with all penalties, rent, interest and other charges payable in respect of such goods. 1 st proviso to Section 68 introduced w.e.f. 14.5.2003, provides for relinquishment of title of warehoused goods at any time before clearance of goods for home consumption. Section 72 (1) (b) does not stipulate filing of Bill of Entry for payment of duty. Further, since the goods are considered as improperly removed from the warehouse, the same cannot be considered as warehoused goods. Appellant has sent a letter for relinquishing title of the goods after more than ten years of the expiry of the warehousing period. We also note that even when the letter for relinquishing the title was sent the appellants have not made payment of rent, interest and other charges and penalties. We also note that the second proviso to Section 68 of the Customs Act, 1962 which was introduced with effect from 18.4.2006 also provides that relinquishment shall not be allowed where offence appears to have been committed. In this case in the impugned order goods have been held to be confiscated under Section 111 (m) of the Customs Act, 1962 and are confiscated. - Decided against assessee.
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