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2019 (5) TMI 924 - AT - CustomsValuation of duty free imports - Advance License - mis-match between the declared unit price of imported goods on Bill of Entry and that computed on the basis of quantity and value mentioned in the license - Interpretation of statute - Circular No 23/96-Cus dated 19.04.1996 - what determines the entitlement to duty free imports under a Value Based Advance License, the value mentioned in license or the quantity mentioned in the license? HELD THAT:- It was for Custom Authorities after noting the mis-match in the declared unit value on Bill of Entry and that arrived on the basis of quantity and value mentioned in Value Based Advance License to refer the matter to licensing authority and seek corrections. In absence of any correction/ amendments in the license, the value of imported goods sought to be exempted by the said license cannot be suo motto altered by the Custom Authorities. In the case under consideration the issue is not in respect of license obtained by fraud. The issue is in respect of mis-match between the declared unit price of imported goods on Bill of Entry and that computed on the basis of quantity and value mentioned in the license. The real issue is vis a vis the amendment to the said license to resolve the mismatch. Appeal allowed - decided in favor of appellant.
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