Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Imposition Auction Customs Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Customs Act, 1962 (52 of 1962) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Customs Act, 1962: ss.61, 63, 72 and 150 – Imposition of custom duty – Auction of warehoused goods in case importer/owner of imported goods fails to seek release of such goods – Whether calculation of the custom duty would be assessed as on the date of the deemed removal of goods from the warehouse in terms of s.61 or on the date of sale for the reason that the importer has failed to seek clearance of the goods imported – Held: In view of the Circular issued by the Central Board of Excise & Customs dated 28th November, 2001, the custom duty is to be calculated on the sale price and not on the duty as is payable on the date of deemed expiration of permitted period of warehouse – Such Circular of the Board is binding on the Revenue – Therefore, the custom duty has to be paid on the basis of sale proceeds realised from the sale of the goods kept in a warehouse and not on the basis of the custom duty payable at the time of filing the Bill of Entry or on the date of expiry of permitted period of warehouse. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2020 INSC 182 |
Petitioner | Union Of India & Ors. |
Respondent | M/s. Associated Container Terminal Ltd. |
SCR | [2020] 2 S.C.R. 859 |
Judgement Date | 2020-02-14 |
Case Number | 4490 |
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