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2015 (4) TMI 808 - AT - CustomsDenial of Exemption Notification No.21/2002-Cus., dated 01.03.2002 - Whether benefit of exemption Notification would be available at the time of assessment of the goods at the port of import while filing into-bond Bill of Entry or when ex-bond Bill of Entry was filed - Held that:- Section 15 of the Customs Act, 1962 provides date for determination of rate of duty and tariff of valuation of the imported goods - Clause (b) of sub-section (1) of Section 15 provides that the rate of duty of the imported goods in which case the goods are cleared from a warehouse under Section 68 on the date on which a bill of entry for home consumption in respect of which goods are presented under that section. In our opinion, as per Section 15(1)(b) of the Act, 1962 the respondent is liable to pay duty at the rate on the date on which the bill of entry is presented for home consumption, which would cover the claim of benefit of exemption notification. - appellant would be eligible to avail the benefit of notification subject to fulfillment of condition of the Notification and Rules, 1996. We clarify that as per Section 15(1)(b) of the Customs Act, 1962, the respondent may claim the benefit of exemption Notification prevailing at the time of clearance of the goods for home consumption subject to fulfillment of the condition to the Notification - Appeal disposed of.
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