9911796707
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Issues:
1. Date of presentation of Bill of Entry and its significance under Customs Act. 2. Exemption of goods from duty under notification dated 30th March, 1974. 3. Distinction between chargeability to duty and rate of duty. 4. Interpretation of duty rates based on the date of import. 5. Violation of principles of natural justice by Customs authorities in not hearing petitioners. 6. Setting aside orders of Assistant Collector of Customs and directing a fresh determination with a hearing for petitioners. Analysis: 1. The judgment revolves around the crucial issue of the date of presentation of the Bill of Entry by the petitioners and its significance under the Customs Act. The date of presentation is essential as per Section 15 of the Customs Act, which determines the rate of duty applicable on the goods. The petitioners claimed to have presented the Bill of Entry on 29th June, 1974, during the period when a notification granting partial exemption from duty was in operation. 2. The judgment delves into the exemption granted to goods from duty under a notification dated 30th March, 1974. The notification specified certain goods, including Endosulfan, that were partially exempt from Customs duty during a specific period. The petitioners' case hinged on the application of this exemption to their imported goods based on the date of presentation of the Bill of Entry. 3. There is a clear distinction highlighted in the judgment between the chargeability to duty and the rate of duty applicable to goods. The judgment references a Full Bench decision that emphasized this distinction, stating that if goods were not chargeable to duty at the time of import, subsequent duty cannot be levied based on the date of presentation of the Bill of Entry. 4. The judgment criticizes the trial Judge's interpretation, which considered the duty rate to be as on the date of import for both goods not chargeable to duty and goods partially exempt from duty. This interpretation was deemed incorrect in light of the Full Bench decision, which clarified the proper application of duty rates under the Customs Act. 5. The petitioners raised a significant issue regarding the violation of principles of natural justice by the Customs authorities. The Assistant Collector of Customs proceeded with an order without giving the petitioners a fair hearing or considering their representations adequately. The judgment deemed this a violation of procedural fairness and ordered a fresh determination after affording the petitioners an opportunity to be heard. 6. As a result of the above issues, the judgment set aside the orders of the Assistant Collector of Customs and directed a fresh determination of the matter. The Customs authorities were instructed to allow the petitioners to submit their reply, provide a hearing, and make a decision based on a fair consideration of the facts. The petitioners were also required to submit a fresh bond within a specified timeline. In conclusion, the judgment partially allowed the appeal, emphasizing the importance of procedural fairness and correct application of duty rates under the Customs Act.
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