1998 (2) TMI 272

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....JDR, for the Respondent. [Order per : Gowri Shankar, Member (T)]. - The appellant imported a consignment of plastic under an advance licence issued to it and subsequently deposited the goods in a bonded warehouse. When it cleared the goods from the warehouse, the period of validity of the licence had lapsed. In the order impugned in the appeal, the Additional Collector has said that the bene....

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.... be valid when the goods are cleared from the Customs charge. Since this was not the case, the benefit of the notification cannot be granted. 4. The notification, in Para 1, exempts from duty "goods imported into India against an advance licence...." Explanation says that the term "Goods imported against advance licence includes (emphasis ours) goods imported under any licence including OG....

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....ubsequently would not disentitle it to the benefit of importation under the advance licence. The fact that the advance licence subsequently lapsed and was not in force when the goods were cleared from the bond would not affect to the fact that the importation was made under an advance licence which was valid. Therefore, the condition prescribed in the Explanation (v) to the notification would not ....