TMI Blog2002 (11) TMI 121X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 17-2-1986. On 13-4-1987 the petitioner had filed a Bill of Entry for warehousing of the said machines, claiming benefit of exemption Notification No. 545 of 1986. On 15th December, 1987 the petitioners filed an ex-bond Bill of Entry for clearance of the said machine from warehouse for home consumption and once again claimed the benefit of the said Exemption Notification No. 125/86. 3.On 22nd December, 1987, the petitioners once again requested the Respondents to assess the said Bill of Entry stating that the draft towards payment of import duty amount was lying ready with them. This letter dated 22nd December, 1987 addressed to the Asstt. Collector of Customs is on record at Exhibit-C (page 27 of this petition). The Respondents for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Respondents, the Petitioners invoked the Writ Jurisdiction of this Court under Article 226 of the Constitution of India. This Court while granting rule passed interim order on 4-4-1988 in terms of prayer clause (c) and allowed the machine to be cleared, subject to furnishing bank guarantee for the amount of differential duty within the stipulated period allowed in the order. Accordingly, bank guarantee was furnished by the Petitioners. The machine was allowed to be released. THE SUBMISSION 8.The learned Counsel appearing for the Petitioners contended that in view of Section 68 of the Customs Act, the Petitioners as importers of warehouse goods had presented Bill of Entry for home consumption in respect of the subject machine in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion to dispute that the payment of duty, was not offered by the petitioners prior to 29-2-1988. It appears that is the Revenue who did not accept payment of duty though it was offered and tendered. FINDINGS 11.In the instant case, on fulfilment of the conditions set out under Section 68 of the Customs Act, the order was passed on 29-2-1988 allowing clearance of the goods from warehouse for home consumption. Therefore, in the light of the decision of the Apex Court in the case of Priyanka Overseas Pvt. Ltd. (supra), the rate of duty applicable to the goods will be rate prevailing on the date of clearance ordered on 29-2-1988. Accordingly, the Petitioner is entitled to avail the benefit of Exemption Notification No. 125/86. The Revenue ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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