1991 (12) TMI 150 - AT - Customs

Customs notifications' effective date, duty rates, and benefits clarified by Tribunal decision.

KUMAR PLYWOOD PALACE Versus COLLECTOR OF CUSTOMS

The Tribunal held that the customs notifications were effective from the date the Gazette containing them was made available for sale to the public. It ... Rate of duty Issues:1. Interpretation of the effective date of customs notifications.2. Determination of the applicable rate of duty based on the date of entry for home consumption.Analysis:Issue 1: Interpretation of the effective date of customs notificationsThe case involved a dispute regarding the effective date of Notifications No. 439 and 440-Cus., dated 6-10-1986, which withdrew exemptions on certain goods. The appellants argued that the notifications should be deemed effective only from the date the Gazette containing them was made available to the public. The Tribunal referred to legal precedents, including the decision in Union of India v. Asia Tobacco Co. Ltd., emphasizing that notifications must be made known to the public by publishing them in the Gazette. The Tribunal held that since the Gazette containing the notifications was made available for sale to the public on 13-10-1986, the notifications were effective from that date.Issue 2: Determination of the applicable rate of duty based on the date of entry for home consumptionRegarding the goods covered by the third bill of entry, which was initially noted for warehousing on 9-10-1986 and later substituted for home consumption on 23-10-1986, a question arose about the relevant date for determining the duty rate. The appellants argued that the original date of presentation, i.e., 9-10-1986, should be considered. However, the Tribunal noted that the goods were deemed entered for home consumption only on 23-10-1986 when the substitution was permitted. Referring to Section 15(1) of the Customs Act, the Tribunal determined that the duty rate applicable to the goods in question would be the rate in force on 23-10-1986. The Tribunal distinguished the case cited by the appellants, emphasizing the unique circumstances of the substitution of the bill of entry in this case.In conclusion, the Tribunal held that the benefits of the relevant notifications were admissible for goods entered on 7-10-1986. Additionally, the Tribunal determined that the duty rates specified in Notifications No. 439 and 440-Cus., dated 6-10-1986, applied to the goods covered by the bill of entry re-noted for home consumption on 23-10-1986. The appeals were disposed of accordingly, granting relief to the appellants based on the interpretation of the effective dates of the notifications and the relevant provisions of the Customs Act.