2019 (2) TMI 694

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....Respondents : Mr.R.Aravindan ORDER By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2. The petitioner is an importer of spices and other goods. The petitioner raised an invoice dated 01.11.2018 with one M/s.Mahir Brothers of Sri Lanka for import of a certain quantity of Black Pepper. The goods landed in Tuticorin on 26.11.2018....

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....Dollar for imported goods was Rs. 74.70. By the time, the goods landed in India and Bill of Entry was filed, the rate of exchange of US Dollar for imported goods fell to 72.92. Therefore, the CIF per Kg was Rs. 499.70. Since the CIF per Kg was below Rs. 500/-, the respondents applied the aforesaid Notification No.53/2015-2020 dated 21.03.2018 and declined to release the goods. The stand of the res....

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.... more, it shall be increased to one rupee and if such part is less than fifty paise it shall be ignored." Therefore, as rightly contended by the learned counsel appearing for the petitioner, the CIF per kg should be considered as Rs. 500/-, even though applying the US Dollar value that prevailed on the date of filing of Bill of Entry, the value was Rs. 499.70. 5. But, I am afraid by effectin....

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....of a certain item is free or prohibited. This obviously cannot be decided after the goods land in India. In the very nature of things, there must be certainty in these transactions. Therefore, the position that prevails on the date of raising of invoice alone will be the basis for determination. 8. Of course, as rightly conceded by the learned counsel on either side, as regards the rate of duty....