2000 (2) TMI 588

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.... to the extent of Basic Customs Duty leviable on the goods under Section 12 of the Customs Act, Notification No. 80/95, dt. 31-3-95 also exempted goods of the Basic Customs Duty imported under an Advance licence. However, Notification No. 149/95 dt. 19-9-95 exempted the goods imported against an Advance licence not only from Basic Customs Duty leviable under Section 12 of the Customs Act but also from the countervailing duty leviable under Section 3 of the Customs Tariff Act provided the Advance Licence was issued on or after 19-9-95. The appellants though presented the Bill of Entry dt. 23-4-97 for clearance of the goods paid duty (countervailing duty leviable under Section 3 of the Customs Tariff Act) without taking into consideration tha....

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.... was issued on 23-9-96. He submits that the appellants were continuously importing goods under the Advance Licence and paying duty in terms of Notification Nos. 79/95, 80/95 and 149/95. He submits that Notification No. 149/95 was different from Notification No. 79/95 and 80/95 inasmuch as Notification No. 149/95 exempted not only the Basic Customs Duty but also the countervailing duty leviable on imported goods under Section 3 of the Customs Tariff Act. He submitted that the only condition of this Notification was that the Advance Licence applied for and issued on or after 19-9-95. Ld. Counsel submits that in their case the Advance Licence was issued on 23-8-96 much after 15-9-95 and therefore, the provisions of Notification No. 149/95 were....