1979 (1) TMI 102

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....point in controversy before us on the basis of the admitted facts, and to dispose of the appeals together. 2. The appellants obtained licences for the import of 102 cases of 3,000 kgs. of nylon yarn. The yarn was shipped to Bombay on the basis of a letter of credit in favour of the foreign suppliers. When the shipment arrived, the appellants received the bill of lading and other documents of title from the bankers on or about August 23, 1965, and paid for the same. They lodged the bill of entry the same day, and it has been claimed that the goods were assessed for duty by the customs authorities at a certain figure. The appellants stored the goods in the warehouse on December 22, 1965. They cleared 32 cases for "home" consumption on May ....

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.... are quite similar except that the consignment in that case was of 63 cases of nylon yarn, which were stored in the warehouse on December 14, 1965, and were cleared on May 25, 1967. In that case also, the appellants paid the duty under the provisions of the amended sections under protest, and unsuccessfully applied for refund of the so-called excess duty. They failed in their appeals to the Appellate Collector of Customs and their application for revision was rejected by the Central Government on March 19, 1969. It will thus appear that the controversy in these two sets of cases relates to the short question whether the customs authorities were justified in applying the rate of duty (to the imported goods in question) according to the ra....

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....uation of goods for purposes of assessment, it is Section 15 which specifies the date for determination of the rate of duty and tariff valuation of imported goods. The amended section reads as follows, - "15. (1) The rate of duty, rate of exchange and tariff valuation, if any, applicable to any imported goods, shall be the rate and valuation in force, - (a) in the case of goods entered for home consumption under Section 46, on the rate on which a bill of entry in respect of such goods is presented under that section; (b) in the case of goods cleared from a warehouse under Section 68, on the date on which the goods are actually removed from the warehouse; (c) in the case of any other goods, on the date of payment of duty : Pro....