2016 (10) TMI 75

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.... are entitled to exemption on goods imported from whole of duty of customs under First Schedule to the Customs Tariff Act, 1975 and additional duty, if any, leviable under the said Customs Tariff Act subject to the condition specified in the Notification No. 52/2003-Cus dated 31.3.2003. The said exemption notification, however, does not specifically exempt the additional duty of Rs. 2/- per liter imposed by Section 116 of the Finance Act, 1999. The appellant claimed that the Notification No. 59/99 dated 11.5.1999 exempts import of High Speed Diesel. The said notification reads as under: - "In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, being satisf....

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.... the entire premises of a 100% EOU is required to be licensed as a customs bonded warehouse and the imported goods are required to be imported directly to such premises. The manufacturing is also required to be done within the bonded premises. Hence, we find support for the contention of the appellants that the entire premises of 100% EOU is a bonded warehouse. Neither the Manual nor the Customs Act speaks of any requirement to pay any duty on the warehoused goods which are used for manufacture in bond nor it requires filing of any ex-bond bills of entry at that stage. Section 68 of the Act deals with clearance of warehoused goods for home consumption and it requires filing of an ex-bond of Bill of entry payment of import duty and other cha....