1999 (11) TMI 670

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....le Bombay High Court as in 1985 (22) E.L.T. 644, it had been held that the import of goods takes place into India no sooner than they enter the territorial waters of India and does not postpone till the goods are actually offlanded on the landmass with respect to taxable event under the Customs Act. Hence, it was held that the ullage Survey report at the Port of destination was the correct method to determine the quantity of petroleum products imported. In these reference applications, the applicants have submitted that the following questions of law arise out of the said order :- (1) Whether the Hon'ble Tribunal was right in law and on facts in holding that the incidence of customs duty arises as soon as the goods arrive in the ter....

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....igh Court relied upon in the said final order. He cites the judgment in the case of U.O.I. v. Apar Pvt. Ltd. as in 1999 (112) E.L.T. 3 (S.C.) wherein it has been held that crucial date for duty applicable on imported goods for home consumption is the date of presentation of the Bill of Entry or the date of grant of entry inwards to the vessel whichever is later and therefore, the Bombay High Court Full Bench judgment in Apar Pvt. Ltd. as in 1985 (22) E.L.T. 644 was overruled. He further cites the judgment in the case of Garden Silk Mills Ltd. & Another v. U.O.I. as in 1999 (113) E.L.T. 358 (S.C.) wherein the Hon'ble Apex Court held that the import of goods into India would commence when the same cross into the territorial waters but continu....

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....rmine the correct assessable value, the quantity held to be imported is relevant. Hence the issue concerns not merely the correct determination of the quantity imported but also the assessable value. Another matter which is concerned with valuation is not referable to the High Court. He further submits that the importers have not shown that the value and quantity as reflected in the bill of entry is not the true transaction value because they have paid less to the foreign supplier. 5. We have considered the submissions and records of the case. We find that when the subject final order was issued, the Tribunal had relied on the full Bench decision of the Hon'ble Bombay High Court noted above which has since been overruled by the Hon'....