2011 (8) TMI 949 - HC - Customs

Remission of duty on the imported duty - Damage due to rain - Section 22 or 23 - Tribunal on consideration of the entire material on record held that the case falls under Section 23 of the Act and not under Section 22 of the Act as held by the lower authorities and therefore it set aside the orders passed by the lower authorities and granted remission of duty as contemplated under Section 23 of the Act. Held that - if the imported goods are damaged or deteriorated to the extent of the damage or deterioration of the goods the liability to pay duty abates by operation of law. If the goods imported are lost or destroyed or abandoned then the case for remission of the duty payable is made out. If the goods are lost or abandoned the assessee is expected to bring to the notice of the authorities the factum of the goods being lost or destroyed and seek for remission of the duty payable under the Act. If the goods are there but it is of no use and the assessee wants to abandon the goods then the request should be for relinquishment of the title to such goods. Once such a relinquishment of title to the goods is made by the assessee then the said goods become the property of the Department and as a consequence of which no duty is payable by the importer. - Decided in favor of assessee.

Summary

Issues:
1. Interpretation of Sections 22 and 23 of the Customs Act, 1962.
2. Entitlement to remission of duty on imported goods damaged due to natural calamity.
3. Assessment of liability for duty payment on damaged imported goods.
4. Application of provisions regarding remission of duty on lost, destroyed, or abandoned goods.

Interpretation of Sections 22 and 23 of the Customs Act, 1962:
The case involved a dispute over the correct application of Sections 22 and 23 of the Customs Act, 1962. Section 22 deals with the abatement of duty on damaged or deteriorated goods, specifying conditions under which duty may be charged for goods that have been damaged. On the other hand, Section 23 pertains to the remission of duty on lost, destroyed, or abandoned goods. The judgment emphasized that duty liability abates only for damaged or deteriorated goods not due to willful negligence or default of the owner. It clarified that the term "accident" in Section 22 refers to a man-made accident, excluding natural calamities from its scope.

Entitlement to Remission of Duty on Imported Goods Damaged Due to Natural Calamity:
The case revolved around an STPI unit operating under the EOU Scheme, which imported equipment free of duty but suffered substantial damage due to heavy rain. The unit sought remission of duty under Section 23 of the Act, as the damaged goods were not cleared for home consumption. The Tribunal held that the unit was entitled to remission under Section 23, rejecting the revenue's argument that negligence on the unit's part made it fall under Section 22. The judgment highlighted that the unit's entitlement to remission was valid as the damage was due to a natural calamity, not negligence.

Assessment of Liability for Duty Payment on Damaged Imported Goods:
The revenue contended that the unit's negligence led to the damage, placing the case under Section 22 for duty payment. However, the Tribunal's decision favored the unit, considering the damage as falling under Section 23 due to the natural calamity. The judgment noted that the unit's request for remission was justified since the damage rendered the imported goods useless, warranting relief from duty payment under Section 23.

Application of Provisions Regarding Remission of Duty on Lost, Destroyed, or Abandoned Goods:
The judgment outlined the conditions under Section 23 for remission of duty on lost, destroyed, or abandoned goods. It explained that if imported goods are damaged or deteriorated, duty liability abates proportionately to the damage extent. Moreover, if goods are lost, destroyed, or abandoned, the importer can seek remission of duty or relinquish title to the goods to avoid duty payment. The judgment upheld the Tribunal's decision to grant remission to the unit, emphasizing that the unit's request for relinquishment of title due to rendered goods was valid under Section 23, absolving the unit from duty payment.

In conclusion, the judgment clarified the distinction between Sections 22 and 23 of the Customs Act, highlighting the conditions for duty abatement and remission. It upheld the Tribunal's decision to grant remission to the unit for imported goods damaged by a natural calamity, emphasizing the unit's entitlement to relief under Section 23. The detailed analysis provided a comprehensive understanding of the legal principles involved in the case, ensuring a fair and just interpretation of the Customs Act provisions.