Supreme Court of India · 2008-02-01
Commissioner Of Customs,Calcutta & ... vs Biecco Lawrie Ltd
- Court
- Supreme Court of India
- Petitioner
- Commissioner Of Customs,Calcutta & ...
- Respondent
- Biecco Lawrie Ltd
- Author
- JUDGMENT BHAN
- Bench
- Ashok Bhan, Dalveer Bhandari, P. Sathasivam
Judgment text excerpt
The Supreme Court ruled that under Section 49 of the Customs Act, 1962, the respondent was entitled to store imported Superior Kerosene Oil (SKO) in a private warehouse after clearance for home consumption, as the goods were highly combustible and could not be transferred elsewhere. The Court held that the imposition of Basic and Special Customs Duty on SKO after clearance was improper, as the duty was already paid at the time of importation. The appeal was dismissed, affirming the Tribunal's decision that the respondent complied with all legal requirements for storage and clearance.