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Anuj Mehta (Assistant)     24 April 2013

Remission on custom duty (sec 23)

Sec 23(1) - Loss or destruction of goods

In case where it is shown to the satisfaction od Assistant / Deputy Commissioner of customs -

- that any goods have been lost / destroyed,

- at any time before clearance for home consumption

then he shall remt the duty on such goods.

 

Some silly doubts..

1. "he" = importer?

2. "remit the duty" = pay duty at normal rates (i.e no abatement)?



 3 Replies

CA. Kuldeep Singhi

CA. Kuldeep Singhi (Entrepreneur)     25 April 2013

"he" refers to Assistant ( Note the word Deputy has been removed  from custom laws) Commisioner of Customs.

"remit the duty" means the duty paid on such lost or destroyed goods shall be refunded.

3 Like
Anuj Mehta

Anuj Mehta (Assistant)     25 April 2013

If goods are destroyed before clearance of home consumption.. question of duty does not arise.. then how can be there a refund?

CA. Kuldeep Singhi

CA. Kuldeep Singhi (Entrepreneur)     25 April 2013

Here when the assessee claims that his goods has been destroyed or lost then the AC starts investigation which takes time & till the time the investigation gets completed the assessee will pay duty & clear his goods for home consumption & after investigation if the claim of assessee proves to be correct then the duty is remitted to him so" duty has to be paid first"
2 Like

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