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2019 (5) TMI 392 - AT - CustomsRate of duty - warehoused goods - Filing of Bill-of-Entry for goods on importation - Section 46 of CA - whether for home consumption or for warehousing, a Bill-of-Entry has to be filed only under Section 46 ibid? - HELD THAT:- From the conjoint reading of Section 14 and Section 46 of the Customs Act, 1962, it becomes clear that whether the Bill-of-Entry is filed for home consumption or for warehousing, the rate of exchange that would be applicable would be that which is in force on the date on which such Bill-of-Entry is presented. In case of warehousing, this would mean that the exchange rate at the Into-Bond stage in a Bill-of-Entry for warehousing filed under Section 46 ibid, will apply. There is also a provision in Section 59 (2) ibid., to permit the importer to execute a general bond on any such amount as the competent authority may approve, in respect of warehousing of goods to be imported within a specified period. For clearance of the warehoused goods for home consumption, the Bill-of-Entry required to be filed as per Section 68 (a) ibid will have to be done so by the transferee only. So also, the import duty, interest, fine and penalties that may be payable as per Section 68 (b) ibid would also be the liability of the transferee and not of the original owner of the goods. In this case, the appellant is the original owner of the goods and Shri. Ramesh Balasaheb Jagtap is the transferee. Hence, such import duty that is required to be calculated on the assessable value under Section 14 ibid is calculated with reference to the rate of exchange as in force on the date on which the Bill-of-Entry was filed under Section 46 (for Into-Bond warehousing). The rate of duty in case of goods cleared for a warehouse under Section 68 as per the provisions of Section 15 (b), will be that applicable on the date on which the Ex-Bond Bill-of-Entry for home consumption has been filed. The appellant cannot be saddled with the demand upheld in the impugned order - appeal allowed - decided in favor of appellant.
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