Clearance of warehoused goods for home consumption [Section 68]:

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.

However, 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.

It may be noted 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.

Analysis of Section 68: The essential ingredients are

(i) an ex-bond bill of entry should be presented to the proper officer.

(ii) After assessment of the ex-bond bill of entry the duty determined should be paid.

(iii) Along with the import duty the charges payable under section 63, namely rent and warehouse charges should be paid.

(iv) If any penalty is imposed or levied on the warehoused goods, they should also be paid.

(v) Once the proper officer is satisfied that all the amounts payable by the owner of the goods including duty, warehouse rent, warehouse charges, interest under section 47, any penalty or fine or any other charges payable on the warehoused goods, have been paid, he may permit removal of the goods from the warehouse and pass a suitable order for clearance.