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2024 (1) TMI 346 - CESTAT BANGALORERefund of Customs Duty - refund denied on the ground that the benefit of reduction in the rate of duty cannot be extended to the goods - what is the relevant date for payment of duty in the case of goods being exported? - HELD THAT:- The relevant Sections to determine the rate of duty is Section 16 read with Section 50 of the Customs Act ,1962. The reliance placed on Section 18 and 19 of the Customs Act, 1962 by the Commissioner (Appeals) is irrelevant as far as determination of rate of duty is concerned - As per Section 16, the date of ‘let export order’ is the date for determining the rate of duty. This view is also upheld by the Hon’ble High court of Bombay in the case of NARAYAN BANDEKAR & SONS PVT. LTD. VERSUS COMMR. OF CUS. & C. EX, GOA [2010 (8) TMI 234 - BOMBAY HIGH COURT]. The impugned order is set aside and the appeal filed by the Revenue is allowed.
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