2019 (3) TMI 1150

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....5.2008 in which benefit of notification no. 97/2004-Cus dated 17th September 2004, exempting duty beyond 5%, was allowed following which `20,23,615/-, representing the excess duty arising from lowering of the import duty to 3% in the Policy on 11th April 2008, was claimed as refund. The goods were charged to higher rate of duty as the connected customs notification no. 64/2008-Cus was issued only on 9th May 2008, after the goods had been assessed and cleared. The original authority rejected the claim for refund by holding that failure to challenge the assessment itself precluded entitlement for refund. 2. The first appellate authority set aside the assessment and ordered re-assessment under the EPCG scheme while, at the same time, settin....

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....84 (Tri. Mumbai)] has articulated the statutory prescription thus '5. .... as per Section 15 of the Customs Act, the relevant date of determining the rate of duty is the date of which bill of entry is filed or in case of prior bill of entry, entry inward is granted. It is also not disputed that both these dates were prior to 1-4-1997 when the Notification prescribing concessional rate of duty at the rate of 10% was issued on 1-4-1997. Ministry of Commerce has no power to issue a notification exempting the goods from payment of duty. They are only empowered to issue licences for the purpose of import. Any relaxation by reduction in duty has to be supported by exemption notification to be issued by Department of Revenue in exercise of powe....