TMI Blog2019 (3) TMI 1150X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1962 applies. There is no ambiguity that section 15 of Customs Act, 1962 prescribes that rate prevailing on the date of presentation of the bill of entry should be applied. On the facts and time-lines there is no dispute. The bills of entry for the clearance of the impugned goods were presented much before notification no. 64/2008-Cus dated 9th May, 2008 was issued. Therefore, the rate of duty applicable under the earlier notification would have to be adopted. The rate prescribed in the authorization produced by the appellant at the time of import would well have reflected the new Policy and if the Policy was to be arbiter of the rate of duty, there would be no need to take recourse to section 25 of Customs Act, 1962 which is the fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessment and ordered re-assessment under the EPCG scheme while, at the same time, setting aside the rejection of the refund claim. In the reassessment proceedings, the original authority denied the benefit of the lower rate of duty by holding that the revised exemption was not operational on the date of assessment of the bill of entry and that the condition sheet attached to the authorization also pertains to benefits under notification no. 97/2004-Cus dated 17th September 2004 and not the later notification . As this order was upheld by the first appellate authority in the impugned order-in-appeal no. 98(Gr.VIIG)/ 2012 (JNCH) EXP-II dated 17th February 2012 of Commissioner of Customs (Appeals), JNCH, Nhava Sheva, the dispute is now bef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be supported by exemption notification to be issued by Department of Revenue in exercise of power conferred on it under the Customs Act, 1962. The licence issued has been honoured as the goods have not been confiscated for want of licence. For concessional rate of duty a notification has to be issued by the Department of Revenue to cover past import which has not been done. Notification 3/97, dated 11-4-1997 can have application only in those cases where the licences have been issued prior to 31-3-1997 but imports/shipment are made after 31-3-1997 or atleast the goods arrive in the territorial water of India after 1-4-1997 which is not so in the present case. In view of this, we find no merits in the appeal and accordingly dismiss the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Therefore, the rate of duty applicable under the earlier notification would have to be adopted. 7. The rate prescribed in the authorization produced by the appellant at the time of import would well have reflected the new Policy and if the Policy was to be arbiter of the rate of duty, there would be no need to take recourse to section 25 of Customs Act, 1962 which is the foundation of the claim of the appellant. The Policy is given effect only upon the issue of corresponding notification under the enabling statute, viz., section 25 of Customs Act, 1962. On the relevant date, the duty that was to be levied was 5% and not 3%. 8. Consequently, there is no merit in the appeal which is dismissed. (Pronounced in Court on 20/03/2019) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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