VidhiSangh

Supreme Court of India · 14/02/2020

UNION OF INDIA & ORS. versus M/S. ASSOCIATED CONTAINER TERMINAL LTD.

[2020] 2 S.C.R. 859 · 2020 INSC 182

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Summary

For uncleared warehoused goods sold by the warehouse-keeper, customs duty had to be calculated backwards from the total sale proceeds treated as the cum-duty price, under the Board’s binding circular. The Supreme Court distinguished an importer’s liability on deemed removal after expiry of the warehousing period. Sale proceeds remained subject to the statutory order of distribution, including payment of duty before custody charges.

Issues

  1. Whether duty on warehoused goods sold for unpaid charges was to be based on deemed removal or calculated from the auction proceeds.
  2. How the sale proceeds and the amount secured by bank guarantee were to be adjusted.

Provisions considered

Held

Result

Appeal disposed of without costs. Authorities directed to ascertain duty under the statutory provisions, Manual and Board circular and adjust sale proceeds under Section 150(2). If the Rs 27,47,146 bank guarantee had been invoked, the amount was to be returned in terms of the High Court’s directions within three months, after the directed adjustments.

Judgment PDF: Supreme Court of India, [2020] 2 S.C.R. 859.