Rebate or remission of custom duty of damaged goods

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Suppose any goods imported from outside India & Custom officer sent such goods to custom warehousing or station. After sometime assessee made an application (within the 90 days) to custom officer for home clearance of such good & paid the repective custom duty on such imported goods. In response of Application file by assessee, Custom officer has passed an order for home clearance. But such Goods found damaged before loading for home clearance.

 

My question is that whether an assessee is eligible for Rebate or Remission of Custom Duty paid on such damaged goods or not ?

Replies (2)

In this case, remission shall be allowed.

As per section 23(1) of Customs Act, the remission of duty shall be provided if goods are damaged before its clearance, here clearance means clearance for home consumption and not the date on which clearance order is issued by the Officer.

If goods are damaged or lost before clearance order is made by the officer (whether for home consumption or to deposit in a warehouse), then the situation will be covered under section 13 and no duty shall required to be paid at all on such damaged goods.

However, in this case, situation will be covered under section 23(1) and not under section 13, and accordingly duty shall be remitted only.

Request to members, please correct if I have mistaken anywhere.

Regards,

Priyanka Kushwaha 

Thanks for the answer but if such goods damaged after period of 90 days from the Warehousing of such goods. Then what is the provision of remission of duty.....?????


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