9911796707
TMI Blog2003 (6) TMI 347X X X X Extracts X X X X X X X X Extracts X X X X ..... Vimlesh Kumar, DR, for the Respondent. [Order per : Gowri Shankar, Member (T)]. The appellant before us imported a consignment of butene diol and by filing appropriate bill of entry it had deposited the goods in the bonded warehouse without payment of duty in January, 2002. In March of that year, it filed a bill of entry to clear the goods from the bonded warehouse for home consumption, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it of the notification are as follows. Notification 31/97 required debit to be made in an advance licence at the time of clearance. The clearance in the case of removal of goods from a bonded warehouse is their physical removal from that warehouse. The licence could not be valid on that date. The relevant date for calculating duty for the goods removed from the bonded warehouse is the physical rem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the import licence was required to be produced that the goods physically arrived in India. This requirement has been satisfied. The appellant obtained a licence by transfer on 2-1-2002. The licence at that time was valid. Therefore, on the date of shipment of the goods they were covered by an advance licence. If the importer had submitted the licence then in support of the claim for exemption ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me of clearance. As we have noted, it exempts material imported into India against an advance licence. This requirement is satisfied. The relevance of the provisions of Section 15(1)(b) of the Act, provided the rate of duty applicable to goods cleared from the bonded warehouse to be one in force on the date when the goods are removed from the bonded warehouse to the facts under consideration esca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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