TMI Blog2008 (9) TMI 812X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order per : B.S.V. Murthy, Member (T)]. The appellants had paid the duty on 200 MTs of Mono Ethylene Glycol (MEG) after filing bill of entry No. F-603/2002, dt. 26-2-90 and obtaining out of charge order. However, they could clear only 80.135 MTs prior to 15-3-90. However, during the Budget on 19-3-90, the rate of Customs duty was increased and the department insisted on reassessment and fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lies on the decision of the Hon ble Supreme Court in case of CC, Calcutta v. Biecco Lawrie Ltd., 2008 (223) E.L.T. 3 (S.C.). In this judgment, it was held that once out of charge order is passed, goods cannot be held to be warehoused goods. Learned SDR Shri S.R. Prasad on behalf of the Revenue submits that the decision of Hon ble Supreme Court is not applicable to the present case since in that ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yable would be as on the date the duty stood paid by the respondent. In the present case, not only the full duty stood paid by the respondent, but the Customs Officer had also permitted clearance of the same, as is evident from the endorsement made on the back of the bill of entries. As such, the goods cannot be held to be warehoused goods and the same were allowed to be kept in the warehouse only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (emphasis added) 4. From the highlighted portion, it may be seen that Hon ble Supreme Court observed that once proper officer had permitted clearance of the goods and duty was paid, goods cannot be held to be warehoused goods. The application for permission under Section 49 is only a formality and at best can be said to be a procedural requirement. Once the duty has been paid in respect of wareh ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
