1993 (6) TMI 60

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.... and on September 28, 1981, imported 1980 kgs. of D2-amino-l Butanol by air. The petitioners initially filed bill of entry for home consumption but could not make arrangement for payment of Customs duty which was at the rate of 25% ad valorem on duty differential bond. Subsequently, the petitioners applied for transfer of bill of entry to warehousing. The rate of duty was increased on November 27,....

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.... bill of entry for home consumption for a bill of entry for warehousing. It was contended that the goods were never stored in the warehouse and consequently mere filing of bill of entry for warehousing is not enough to deny the relief to the petitioners. The submission is misconceived and cannot be accepted. The petitioners filed bill of entry for warehousing and the bond was completed on November....

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....f such goods is presented. The petitioners, obviously, to take advantage of lesser rate of duty were desirous of substituting the bill of entry filed for warehousing. In respect of the goods cleared from warehouse, the rate of duty is to be determined with reference to the date on which the goods are removed from the warehouse. 3. Shri Shah, learned counsel appearing for the Department, very ri....