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2015 (10) TMI 1774 - HC - CustomsClearance of where-housed goods - Effective rate of duty on Ex-Bond clearance - rate of duty changed after 'out of charge' order issued - Whether it was lawful on part of Respondent in demanding differential amount of duty on the basis of notification dated 03.08.2001 on balance quantity of consignment covered by Ex-Bond Bills of Entry Nos.2915, 3167 and 3199 dated 04.07.2001, 20.07.2001 and 23.07.2001 respectively? Revenue states that the contention that Ext.P6 notification came into force only on 03.08.2001 is no more available to the Respondents Petitioner contends that it has obtained 'out of charge' from Customs, much prior to 06.08.2001, the date on which Ext.P6 notification No.36/2001-CUS (NT) issued; thus not liable to pay differential duty. Held That:- Having obtained 'out of charge' order for home consumption issued by proper officer in compliance of Section 68 of the Act and licence of private warehouse stood cancelled before 06.08.2001, the date of which Ext.P6 notification dated 03.08.2001 issued by Respondent, petitioner is not liable to pay differential duty - Respondent shall pass appropriate orders releasing the bank guarantee for differential duty amount in terms of orders of this Court, within a period of one month Decision made in the case of Priyanka Overseas (P) Ltd.'s case (supra) [1990 (11) TMI 145 - SUPREME COURT OF INDIA] followed Decided in favour of the assessee.
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