VidhiSangh

Supreme Court of India · 20/03/2024

M/S. BISCO LIMITED versus COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE

[2024] 3 S.C.R. 890 · 2024 INSC 231

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Summary

Imported machinery kept outside the notified bonded area, but within the factory under unrevoked Customs permission to prevent damage, was not improperly removed from the warehouse. The demand and interest concerning those 264 cases were set aside, with remedies to be worked out under Section 15(1)(c). By contrast, the importer offered no explanation for 27 cases missing from the entire premises. Their duty and interest demand, and the Rs.1 lakh penalty, were sustained. The appeal was partly allowed.

Issues

  1. Whether authorised storage outside the notified area constituted improper removal.
  2. Which duty-determination provision applied to the 264 cases.
  3. Whether the unexplained missing cases warranted a different outcome.

Provisions considered

Held

Result

Appeal partly allowed without costs. Demand concerning 264 cases set aside, with Section 15(1)(c) remedies to be worked out within eight weeks of receiving the order. Duty and interest for 27 missing cases and the Rs.1 lakh penalty sustained; CESTAT order modified.

Judgment PDF: Supreme Court of India, [2024] 3 S.C.R. 890.