1997 (2) TMI 341

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..... per : P.C. Jain, Member (T)]. -  Briefly stated, facts of the case are as follows : 1.1 The appellant herein imported a certain quantity of LDPE described as 'cable insulating compound'. The goods, executing the werehousing bond were warehoused. On 5-9-1989, the appellant cleared 10 metric tonnes of the aforesaid goods from warehouse after payment of duty on ex-bond Bill of Entry havin .....

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..... s plea of the ld. Consultant is countered by the ld. JDR that this legal position that a notification is effective from its date is now well settled in terms of Apex Court's judgment in the case of M/s. Pankaj Jain Agencies v. Union of India reported in 1994 (72) E.L.T. 805 (S.C.). He, further, points out that further judgments from the Apex Court have also been received reiterating the aforesaid .....

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..... On the werehousing Bills of Entry, there is additionally a stamp of provisional clearance. This clearly shows that the goods were assessed provisionally. We are inclined to agree with the ld. JDR that the evidence on the face of Bills of Entry itself shows that the goods were assessed provisionally. Hence the second plea of the appellants also fails. Consequently, appeal fails and it is rejected. .....

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