TMI Blog2015 (4) TMI 808X X X X Extracts X X X X X X X X Extracts X X X X ..... bill of entry for home consumption in respect of which goods are presented under that section. In our opinion, as per Section 15(1)(b) of the Act, 1962 the respondent is liable to pay duty at the rate on the date on which the bill of entry is presented for home consumption, which would cover the claim of benefit of exemption notification. - appellant would be eligible to avail the benefit of notification subject to fulfillment of condition of the Notification and Rules, 1996. We clarify that as per Section 15(1)(b) of the Customs Act, 1962, the respondent may claim the benefit of exemption Notification prevailing at the time of clearance of the goods for home consumption subject to fulfillment of the condition to the Notification - Appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubject to fulfillment of condition of Customs (Import of Goods at Concessional Rate of Duty For rate of Duty for Manufacture of Excisable Goods), Rules, 1996. It is stated that the said Rules would be compiled at the time of assessment of goods at the port itself. But the respondent had not opted at the time of assessment of in-bond Bill of Entry for warehousing at the port of import and which has to be allowed only by the Deputy Commissioner of Customs at the time of import as per Rule 5 of the Customs (Import of Goods at Concessional Rate of Duty for manufacture of Excisable Goods), Rules, 1996. Rule 5 of Rules, 1996 provides procedures to be followed by both the Assistant Commissioner and the Deputy Commissioner of Customs. The responden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (a) in the case of goods entered for home consumption under Section 46, on the date on which a bill of entry in respect of such goods is presented under that Section; (b) in the case of goods cleared from a warehouse under Section 68, on the date on which a bill of entry for home consumption in respect of such goods is presented under that section; (c) in the case of any other goods, on the date of payment of duty. 5. Clause (b) of sub-section (1) of Section 15 provides that the rate of duty of the imported goods in which case the goods are cleared from a warehouse under Section 68 on the date on which a bill of entry for home consumption in respect of which goods are presented under that section. In our opinion, as per Section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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