9911796707
TMI Blog1998 (2) TMI 272X X X X Extracts X X X X X X X X Extracts X X X X ..... er per : Gowri Shankar, Member (T)]. The appellant imported a consignment of plastic under an advance licence issued to it and subsequently deposited the goods in a bonded warehouse. When it cleared the goods from the warehouse, the period of validity of the licence had lapsed. In the order impugned in the appeal, the Additional Collector has said that the benefit of Notification No. 159/90 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Customs charge. Since this was not the case, the benefit of the notification cannot be granted. 4. The notification, in Para 1, exempts from duty goods imported into India against an advance licence.... Explanation says that the term Goods imported against advance licence includes (emphasis ours) goods imported under any licence including OGL, for the time being in force, for which at the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of importation under the advance licence. The fact that the advance licence subsequently lapsed and was not in force when the goods were cleared from the bond would not affect to the fact that the importation was made under an advance licence which was valid. Therefore, the condition prescribed in the Explanation (v) to the notification would not apply to the facts of this case. It is evident th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he goods when no duty would be payable on them, which would be the case, if they were importer under an advance licence. We however cannot discount the specific finding of the Additional Collector that the importer had a valid advance import licence when the goods were cleared from the bond. We have therefore no alternative but to allow the appeal. Appeal allowed. Impugned order set aside. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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