Supreme Court Expresses Disappointment Over Inadequate Implementation of RPwD Act, 2016  ||  24,000 Teaching and Non-Teaching Jobs Invalidated by Calcutta High Court  ||  24,000 Teaching and Non-Teaching Jobs Invalidated by Calcutta High Court  ||  Del. HC: For Purposes of Article 19(6) of COI National Council for Teacher Education is ‘State’  ||  Karnataka High Court: Smoking Hookah as Addictive and Harmful as Smoking Cigarettes  ||  All. HC: Interest Can’t be Awarded by Labour Court In Proc. for Money Recovery from Empl. u/s 33C(2)  ||  All. HC: Rs. 5 Lakh Cost Imposed on CWC for Sending Minor Living With Mother to Children’s Home  ||  Ker. HC Issues Guidelines for DNA Testing of Children of Rape Victims Who Are Given in Adoption  ||  SC: Fourteen-Year-Old Rape Survivor Allowed to Terminate Twenty-Eight-Week Pregnancy  ||  SC: Government of Himachal Pradesh Directed to Review its Policies on Child Care Leaves    

Mangalore Ref. and Petrochemicals Ltd. v. Commissioner of Customs, Mangalore - (Supreme Court) (02 Sep 2015)

Quantity of goods actually imported not bill lading to determine value of goods imported



Levy of import duty can be imposed only on imported goods, not on goods that escaped payment of duty. In the instant case, the Assessee had not paid import duty on 71 consignments of crude oil. On appeal was the Tribunal's order that duty had to be paid on the total payment made by the Assessee irrespective of the quantity received. Disagreeing with the rationale, the Court held that no customs duty, neither specific rate nor ad valorem, was leviable on goods pilfered, lost or destroyed until a bill of entry for consumption in India or an order to warehouse the goods was made. Instead, the quantity of the crude oil actually received into shore tanks in India was the basis for payment of customs duty.

Relevant : Garden Silk Mills Ltd. v. Union of IndiaMANU/SC/0627/1999 Union of India and others vs. Apar Private Ltd. & Ors.MANU/SC/0428/1999


Share :        

Disclaimer | Copyright 2024 - All Rights Reserved