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2017 (6) TMI 930 - HC - CustomsWarehousing of goods - extension of warehousing period - CBEC Circular 47/2002, dated 29.07.2002 - Whether the Tribunal mis-directed itself, in coming to the conclusion, that the first proviso to Section 61 of the Act, does not require, that an application be made, prior to the expiry of the warehousing period? - whether there is any impediment under the Act, in the Revenue, extending the warehousing period, after it has expired? - Held that: - reading of the provisions of Section 61 of the Act, as it obtained, at the relevant time, would show that there is no such impediment. This view has also found favor with the Bombay High Court in the matter of Sunil Jugalkishore Gupta Vs. Union of India and Others, [1987 (1) TMI 103 - HIGH COURT OF JUDICATURE AT BOMBAY], albeit, in the context of Section 61 of the Act, which was some what differently worded. The moot point, however, which was decided by the Court, was that, in the absence of any statutory impediment, the extension of warehousing time application could be entertained, even after the initial period of warehousing had expired - In the context of Section 61 of the Act, as obtaining at the relevant point in time, the initial warehousing period could be extended on a "sufficient cause" being shown. There is nothing in Section 61(1)(b)(i)(B), which is suggestive of the fact, that an application, for that purpose, was required to be moved, prior to the expiry of the initial period of warehousing. Liability of interest - whether any interest, as demanded by the Revenue, was payable by the Assessee - Held that: - the Assessee had obtained a licence, as indicated above, under the EPCG Scheme on 20.03.2013 and, accordingly, the subject capital goods, were cleared from the warehouse, without being mulct with duty. The record shows that the Bills of Entries were assessed on the following dates: 12.09.2013, 23.06.2015 and 23.06.2015 - Since, the goods were cleared against zero per cent duty, no interest could have been levied. Appeal dismissed - decided against Revenue.
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