1984 (7) TMI 84 - HC - Customs

Summary

Issues:
1. Licensing of private bonded warehouse under the Customs Act, 1962.
2. Payment of additional duty on imported goods after clearance.
3. Impact of All India Jute Workers strike on the clearance of goods.
4. Dispute over the requirement of additional duty post-clearance.
5. Request for cancellation of warehousing bond and clearance of goods.

Analysis:

1. The petitioner, a company under the U.K. Companies Act, applied for licensing its mill as a private bonded warehouse under Section 58 of the Customs Act, 1962. The Assistant Collector of Customs granted the license, allowing the petitioner to warehouse imported goods without duty payment until clearance for home consumption under Section 59.

2. The petitioner paid assessed duties and interest on imported goods by February 29, 1984, but due to the All India Jute Workers strike, faced challenges in physically removing the goods. The Customs Authorities demanded additional duty post-clearance, citing a new rate introduced in the Finance Bill 1984.

3. Despite the strike hindering goods' removal, the petitioner requested debonding of the warehouse to consider goods as cleared. The authorities did not respond promptly, leading to a delay in the clearance process after the strike ended.

4. The Customs Authorities insisted on payment of the additional duty, referencing a Supreme Court decision on duty determination based on the law prevalent during goods' actual removal from the warehouse. However, the petitioner argued that once goods are cleared, no further duty payment is required.

5. The court held that the petitioner had fulfilled all requirements for clearance before the strike impeded physical removal. As the petitioner requested debonding and surrendered the warehouse keys symbolically, the court directed the authorities to allow clearance without demanding additional duty and to cancel the warehousing bond promptly.

This judgment clarifies the obligations of importers under the Customs Act regarding duty payment, clearance procedures, and the impact of unforeseen circumstances like strikes on the clearance process.