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Tax treatment of imported goods stored in a warehouse and sale made therefrom, has always been an apple of discord in Indirect Taxation which continues to trouble our courts very bitterly. It has been witnessed that stand of Department in this issue has remained fairly unchanged as they have always maintained the position that in such situation importers need to pay import duty and comply with the requirement enjoined by other acts and rules / notifications made there under otherwise, such goods will get confiscated under section 111 of the Custom Act, 1962. But, such an interpretation is not uniformly applicable in all situations but depends on the context in which the term ‘import’ is being used.

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