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TMI Blog2008 (12) TMI 602X X X X Extracts X X X X X X X X Extracts X X X X ..... l of entry and warehoused the goods in public bonded warehouse. The ware housing period expired on 10-7-03, and the request for extension of warehousing period was not granted. (b) They cleared part of the goods before the expiry of the warehousing period. (c) The rate of duty on the impugned goods came to be lowered with effect from 1-3-05. On 21-6-05 the appellant filed bill of entry seeking clearance of the remaining warehoused goods and paid under protest the duty at the rate applicable as on 10-7-03. The appellant challenged the assessment order before Commissioner (Appeals) and claimed that the lower rate of duty as on the date of filing bill of entry should be adopted. The appeal has been rejected. 4. Learned Consulta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... period has to be deemed as the date of clearance, i.e. as laid down by the Hon ble Supreme Court in the case of Kesoram Rayon cited supra. The relevant portion of the said decision is reproduced below : 17. The consequence of non-removal of warehoused goods within the permitted period or the permitted extension is, by virtue of the terms of Section 72, certain. The date on which it comes to end is the date relevant for determining the rate of duty. When the duty is, in fact, demanded is not relevant. The alternative submission on behalf of the appellants must, therefore, also be rejected. 6.2 Reliance placed by the learned Consultant on the decision of Simplex Casting Ltd. is misplaced. In the said case, the period of dispute involve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stoms, Calcutta - 1996 (66) ECR 201 (S.C.) report. In the said judgment the Hon ble Apex Court has held that goods which are not removed from a warehouse within the permissible or extended period are to be treated as goods improperly removed from the warehouse. In such a case the importer is required to pay the full amount of duty chargeable on the goods together with interest, penalties, rend and other charges. It was further held that the duty would be chargeable at the rate applicable on the date of their deemed removal from the warehouse, that is, the date on which the permitted or extended period expired. 6.4 In the light of the above, we hold that in as much as the warehousing period has expired on 10-7-03, the rate of duty applica ..... X X X X Extracts X X X X X X X X Extracts X X X X
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