Diffrence between the goods

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Querist : Anonymous

Querist : Anonymous (Querist)

16 January 2015 What is the difference between the duitable goods and imported goods

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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17 January 2015 Refer to THE CUSTOMS ACT, 1962 (52 of 1962)Section 2 sub section (14) “dutiable goods” means any goods which are chargeable to duty and on which duty has not been paid;
on the other hand Refer to THE CUSTOMS ACT, 1962 (52 of 1962)Section 2 (25) “imported goods” means any goods brought into India from a place outside India but does not include goods which have been cleared for home consumption;

Querist : Anonymous

Querist : Anonymous (Querist)

17 January 2015 I know the definitions according to customs act BT my doubt is tha duty hava to be paid on imported goods before cleared for the home consumption ,so why
Imported goods are not included in the category of duitable goods

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RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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19 January 2015 because the imported goods are kept in the Warehouse.

CBEC ACT (SECTION 63)

Payment of rent and warehouse charges. – (1) The owner of any warehoused goods shall pay to the warehouse-keeper rent and warehouse charges at the rates fixed under any law for the time being in force or where no rates are so fixed, at such rates as may be fixed by the Commissioner of Customs.

SECTION 67. Removal of goods from one warehouse to another. – The owner of any warehoused goods may, with the permission of the proper officer, remove them from one warehouse to another, subject to such conditions as may be prescribed for the due arrival of the warehoused goods at the warehouse to which removal is permitted.

SECTION 68. Clearance of warehoused goods for home consumption. – The importer of any warehoused goods may clear them for home consumption,

if –

(a) a bill of entry for home consumption in respect of such goods has been presented in the prescribed form;

(b) the import duty leviable on such goods and all penalties, rent, interest and other charges payable in respect of such goods have been paid; and

(c) an order for clearance of such goods for home consumption has been made by the proper officer.

Provided that the owner of any warehoused goods may, at any time before an order for clearance of goods for home consumption has been made in respect of such goods, relinquish his title to the goods upon payment of rent, interest, other charges and penalties that may be payable in respect of the goods and upon such relinquishment, he shall not be liable to pay duty thereon.

Provided further that the owner of any such warehoused goods shall not be allowed to relinquish his title to such goods regarding which an offence appears to have been committed under this Act or any other law for the time being in force.