9911796707
TMI Blog2014 (12) TMI 444X X X X Extracts X X X X X X X X Extracts X X X X ..... dible grade in bulk quantity of 8944.149 M.Ts. and bonded the same. Out of this quantity, the importer had sold on transfer sale basis 1250 M.Ts. and re-exported a quantity of 7642.178 M.Ts. In the course of such transaction, the importer has noticed that a quantity of 51.971 M.Ts. was lost out of the total quantity. As a result of this, the importer submitted a letter to the Assistant Commissioner of Customs (Bonds) on 22-7-2012 seeking remission of duty on the lost goods under Section 23 of the Customs Act, 1962. In the said letter, the importer had given certain details as to the basis on which it had claimed remission. Pursuant to such letter, the Assistant Commissioner of Customs, Chennai, by his reply dated 14-8-2012, while denying re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned counsel appearing for the respondent. 4. Section 23 of the Customs Act, 1962 deals with Remission of duty on lost, destroyed or abandoned goods, which reads as under : "23. Remission of duty on lost, destroyed or abandoned goods. - (1) Without prejudice to the provisions of section 13, where it is shown to the satisfaction of the Assistant Commissioner of Customs or Deputy Commissioner of Customs that any imported goods have been lost (otherwise than as a result of pilferage) or destroyed, at any time before clearance for home consumption, the Assistant Commissioner of Customs or Deputy Commissioner of Customs shall remit the duty on such goods." The power available to the importer under Section 23(1) of the Customs Act is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Oswal-4) to Sri Maharaja Industries. The re-export appears to have been done in two consignments. The first consignment sailed with 6418.190 M.Ts. of Palm Oil. Thereafter, the importer has cancelled the bond licence for Tank No. Oswal-11 as it was made empty. Then, the second re-export of 77.473 M.Ts. from tank IMC-106 and 1146.515 M.Ts. from Tank JRLC-4, in all a total quantity of 1223.988 M.Ts. was done on 24-5-2002. Consequently, the bonded licence for Tank JRLC-4 was cancelled. It is the specific case of the importer that after the second re-export, there is no stock available in tank IMC-106 and that it is bonded stock and all transfer and re-export were done only under the supervision and in the presence of Customs officials. In tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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