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2020 (1) TMI 981 - AT - CustomsFailure to fulfill post import conditions - import of various parts of Aircraft classifiable under heading 8802 - shortage of miniscule 0.0133% of total inventory - benefit of exemption under Notification No 21/2002-Cus dated 01.03.2002 - requirement to maintain the proper inventory of the imported goods, so as to show the proper utilization of the goods in the manner as prescribed by the notification - HELD THAT:- From the facts available on record it is evident that the auditors were appointed by the appellant for maintaining and verifying the records of inventory of the imported goods. It is on the basis of the report submitted by the appointed auditors, that shortages and excesses have been determined. The excesses and shortages were determined by the auditors/ chartered accountants appointed by the appellants themselves after undertaking physical verification of the inventory, we do not find any reasons to differ with the conclusions arrived at by the Commissioner - the demand of duty upheld as the appellants have not been able to satisfy the post importation conditions in respect of the shortages determined. Excesses stock - import without following the procedure - HELD THAT:- The appellant has not been able to offer any justifiable reason for the excesses. These goods have been imported without following the procedure for clearance of the imported goods as per the Customs Act, 1962. Since these goods are have been imported without following the procedure as prescribed they have been held liable for confiscation and have been confiscated by the Commissioner. However though these goods are liable for confiscation, but were never seized and released provisionally to the appellants against Bond and Bank Guarantee. Thus while upholding the demand of duty made in respect of the excesses as these goods were cleared without filing proper import declaration as require under the Customs Act, 1962, the order of confiscation of goods and redemption fine imposed is set aside. Demand of interest under Section 28AB on the amount short paid - HELD THAT:- The interest as provided by the statue is for the delay in the payment of duty from the due date. Since the demand has been upheld, demand for interest too is upheld. Appeal allowed in part.
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