https://www.taxtmi.com/caselaws?id=46578 The dominant issue was whether, on expiry of the warehousing period, the goods were subject to "deemed removal" so as to attract duty at the rate applicable on that date, or whether residual s.15(1)(c) of the Customs Act applied. The SC held that Board circulars issued under s.37B of the Central Excise Act are binding on the Department, and the circular then in force required application of s.15(1)(c) where goods are removed after expiry of the warehousing period, fixing the duty rate as on the date of payment. The later withdrawal of the circular did not affect its binding force for the relevant period; the Department could not appeal contrary to it. Consequently, the Tribunal's orders were set aside and the appellate authority's order was restored. en-us Wed, 02 Apr 2003 00:00:00 +0530 Sun, 28 Dec 2025 23:40:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=46578 The dominant issue was whether, on expiry of the warehousing period, the goods were subject to "deemed removal" so as to attract duty at the rate applicable on that date, or whether residual s.15(1)(c) of the Customs Act applied. The SC held that Board circulars issued under s.37B of the Central Excise Act are binding on the Department, and the circular then in force required application of s.15(1)(c) where goods are removed after expiry of the warehousing period, fixing the duty rate as on the date of payment. The later withdrawal of the circular did not affect its binding force for the relevant period; the Department could not appeal contrary to it. Consequently, the Tribunal's orders were set aside and the appellate authority's order was restored. Case-Laws Customs Wed, 02 Apr 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=46578