2018 (5) TMI 1147

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....ds under EPCG authorization scheme at concessional rate of duty. The said Bills of Entry filed on 7.5.2008 was assessed as per Notification No. 97/04 and duty @ 5% was collected and the consignment was cleared. The respondents had challenged the said assessment before Commissioner (Appeals) claiming that under Notification No. 1(RE-2008)/2004-09 dated 11.4.2008, the Foreign Trade Policy amendment w.e.f. 1.4.2008 has reduced the prevailing customs duty rate in respect of EPCG scheme from 5% to 3%. Commissioner (Appeals) had allowed re-assessment of the said Bills of Entry on the strength of the said Notification dated 11.4.2008. Learned AR pointed out that the said Bills of Entry was filed on 7.5.2008 and the prevailing customs notification ....

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....t on 30.4.2008 prescribing 3% as customs rate of duty. Ideally there should not be any disregard between the EPCG and the Customs authorities and the notification in respect of said scheme should be issued simultaneously by both the authorities. In the instant case, while policy was amended w.e.f. 1.4.2008, the notification of customs implementing the said change was issued on 9.5.2008 also 39 days after the issue of DGFT notification. The respondents have relied on the decision of Hon'ble Apex Court in the case of State of Punjab Vs. Nestle India Ltd. (supra). The facts in the said case were that the Finance Minister in his Budget Speech for the year 1996-97 made representation of the effect that State Government has imposed Purchase T....