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2023 (4) TMI 784 - CESTAT AHMEDABADDemand of Customs Duty on value by applying exchange rate of the date on which ex-bond bill of entry was filed - exchange rate applicable on the date of warehousing has to be applied for the purpose of valuation or not - benefit of limitation by treating the normal period of limitation as 1 Year - period 2007-08 to 2009-10 - HELD THAT:- The sole issue is if currency exchange rate applicable to imports will be the rate prevalent at the time bill of entry is filed or the rate prevalent when Ex-bond bill of entry is filed. The impugned order relies on para 12 and 13 of the order in original to hold that the demand is sustainable. A perusal of para 13 of the O-I-O reveals that the said order relies on the decision of Tribunal in the case of SRI MAHARAJA INDUSTRIES VERSUS COMMISSIONER OF CUSTOMS, CHENNAI [2006 (8) TMI 407 - CESTAT, CHENNAI] where it was held that the Commissioner of Customs is not competent to issue any public notice contrary to the provisions of the Act. The appellants themselves accepted that they were aware of the duty due and payable, but the system thwarted their efforts to file correct ex-bond Bs/E. The decision relied in the Order In Original does not support the case of the Revenue and is totally contrary to what Revenue has alleged. The aforesaid decision of Tribunal clearly holds that the exchange rate applicable will be the rate on the date the warehousing bill of entry was filed for putting goods in bond. The demand cannot be sustained. The appeal is consequently allowed.
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