TMI Blog2016 (4) TMI 139X X X X Extracts X X X X X X X X Extracts X X X X ..... warehousing of the goods but appellant claiming to be charged under prevailing rate on the date - Held that:- the duty liability should be on the date of clearance of the consignment from Custom bonded warehouse. The appellant has no case, the bond executed for storage of warehoused goods in the warehouse, expired on 24-01-2003. Hence, the goods cannot be said to have been bonded or warehoused go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... used goods. 5. The appellant had warehoused goods under Section 59 of the Customs Act, 1962 and sought the clearance of the goods on 2 nd May, 2003. The duty liability was worked out as applicable at the time of warehousing of the goods. The said order was in challenge before first appellate authority. It is the case of the appellant that duty liability has to be charged under prevailing rate o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the dated when goods are actually cleared form the warehouse, but in the instant case, I find that facts are little bit different which the counsel for the appellant has tried to ignore. Here the appellant was clearing the goods on 02-05-2003 whereas on 24-01-2003 the bond period has already expired. Where the bon period expires then in such cases goods warehoused no longer remains as bounded goo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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