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Issues: (i) Whether entitlement to exemption under Customs Notification No. 31/1997 (advance licence / DEEC) requires that the advance licence be valid at the time the goods are cleared from the warehouse (i.e., at the time a bill of entry for home consumption is presented and the goods are removed from the warehouse)?
Analysis: The relevant statutory scheme fixes the date for determination of rate of duty and tariff valuation in case of warehoused goods as the date on which a bill of entry for home consumption in respect of such goods is presented and the goods are cleared from the warehouse. Sections governing clearance of warehoused goods require presentation of a bill of entry and clearance procedures before duties become payable. The exemption condition in the notification requires production of the advance licence and certificate at the time of clearance of imported materials for debit. Applying these provisions together leads to the legal consequence that the entitlement to exemption is to be assessed with reference to the status of the licence on the date of clearance from the warehouse.
Conclusion: In favour of Respondent. The advance licence must be valid at the time of clearance from the warehouse and, where it has expired on that date, entitlement to exemption under the notification ceases.
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