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2019 (3) TMI 1150 - AT - CustomsRe-assessment under the EPCG scheme - rejection of refund claim - relevant rate of duty - effect of reduction in the rate of duty - N/N. 97/2004-Cus dated 17th September 2004 - Held that:- Though the present dispute is not of that genre, the denial of lower of the rates between date of shipment and date of arrival has been subjected to judicial resolution on many occasions. It is now settled in law that chargeability to duty on import crystallises on the entry of goods into the territorial waters of India and that the rate of duty that conforms to the prescription in section 15 of Customs Act, 1962 applies. There is no ambiguity that section 15 of Customs Act, 1962 prescribes that rate prevailing on the date of presentation of the bill of entry should be applied. On the facts and time-lines there is no dispute. The bills of entry for the clearance of the impugned goods were presented much before notification no. 64/2008-Cus dated 9th May, 2008 was issued. Therefore, the rate of duty applicable under the earlier notification would have to be adopted. The rate prescribed in the authorization produced by the appellant at the time of import would well have reflected the new Policy and if the Policy was to be arbiter of the rate of duty, there would be no need to take recourse to section 25 of Customs Act, 1962 which is the foundation of the claim of the appellant. The Policy is given effect only upon the issue of corresponding notification under the enabling statute, viz., section 25 of Customs Act, 1962. On the relevant date, the duty that was to be levied was 5% and not 3%. Appeal dismissed - decided against appellant.
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