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1 - 7 of 7 (0.23 seconds)Section 61 in The Customs Act, 1962 [Entire Act]
Section 28 in The Customs Act, 1962 [Entire Act]
Section 15 in The Customs Act, 1962 [Entire Act]
Section 23 in The Customs Act, 1962 [Entire Act]
Section 71 in The Customs Act, 1962 [Entire Act]
Vishal Exports Overseas Ltd. vs Punjab State Warehousing Corpn. on 27 January, 2014
6. We find that the facts are not in dispute inasmuch as even though the appellant had imported duty free capital goods and installed in their factory premises but failed to commence commercial production making use of those capital goods and thereby violated the condition of import. Attributing the reasons for non-commencement of production, it has been submitted on behalf of the appellant that due to Iraq-Iran war they could not get inputs necessary to make finished products, therefore, commercial production could not be undertaken even though capital goods installed were tested and trial runs were carried out. The Ld. Advocate vehemently argued that the warehousing period expired on 16.02.1991 and the demand was issued on 29.06.1995 after 41/2 years, therefore, the demand is barred by limitation. The objection of the Revenue is that no period of limitation could be made applicable to warehoused goods. We find that the issue is no more res-integra and covered by the judgment of the Honble Gujarat High Court in Raj Exports case (supra). After analyzing the relevant provisions and the judgments on the issue, their Lordships observed as follows:
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