BISCO Limited vs Commissioner Of Customs & Central Excise 2024 INSC 231 – Customs Act

Customs Act, 1971 –Section 15(1)(b) would be applicable only when the goods are cleared from the warehouse under Section 68 of the Customs Act i.e. within the initially permitted period or during the permitted extended period. When the goods are cleared from the warehouse after expiry of the permitted period or its permitted extension, the goods are deemed to have been improperly removed under Section 72(1)(b) of the Customs Act with the consequence that the rate of duty has to be computed according to the rate applicable on the date of expiry of the permitted period under Section 61 – Referred to SBEC Sugar Ltd versus Union of India, (2011) 4 SCC 668. (Para 48)

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