2005 (1) TMI 582

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....t. [Order per : C.N.B. Nair, Member (T)]. -  This appeal is directed against the duty demand at the rate of 15% in regard to imports carried out by the appellants under Bill of Entries Nos. 112858 and 112806 both dated 11-11-1997. Both the Bill of Entries were filed under the EPCG Scheme and were provisionally assessed at the rate of 10%. However, in the subsequent orders it has been held t....

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.... licences are cleared after issue of this notification. Similarly, notification No. 6/1997, dated 9-6-97 specifically stated that EPCG licences issued under EPCG Scheme during 1992-97 shall be deemed to have been issued under EXIM Policy 1997-2002 for the goods under such licences. It is the submission of the learned Counsel that since the clearance of the goods were after the issue of these notif....

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....hat licences issued under the EXIM policy 1992-97 shall be valid for continued import and. that clearances made subsequent to the notifications shall be entitled to the concessional customs duty at the rate of 10%. The reading of the notifications makes it clear that they had the effect of amending the rate of duty in respect of imports covered by them to 10%. In view of this, lower authorities we....