Remission on custom duty (sec 23)

Final 2036 views 3 replies

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)?

Replies (3)

"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.

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

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"


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