9911796707
TMI Blog2016 (10) TMI 75X X X X Extracts X X X X X X X X Extracts X X X X ..... equire filing of ex-bond bills of entry or payment of duty before taking the imported goods for manufacturing in bond nor there is any provision to treat such goods as deemed to have been removed for the purpose of Customs Act, 1962. The Notification No. 59/99 dated 11.5.1999 exempts high speed diesel oil, falling under heading No. 27.10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1976), when imported into India, from so much of the additional duty leviable thereon under sub-section (1) of section 3 of the said Customs Tariff Act, as is equivalent to the additional duty of excise leviable on high speed diesel oil under section 133 read with Second Schedule of the Finance Act, 1999 (27 of 1999). - the High Speed Diesel is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s high speed diesel oil, falling under heading No. 27.10 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1976), when imported into India, from so much of the additional duty leviable thereon under sub-section (1) of section 3 of the said Customs Tariff Act, as is equivalent to the additional duty of excise leviable on high speed diesel oil under section 133 read with Second Schedule of the Finance Act, 1999 (27 of 1999). The lower authorities denied the benefit of exemption and aggrieved by the said order, the appellants are in appeal before Tribunal. 2. Learned Counsel for the appellant argued that the issue is covered by the decision of Larger Bench of the Tribunal in the case of Paras Fab International 2010 (256) EL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ls with manufacturing in bond on the other hand, does not require any filing of ex-bond bills of entry or payment duty before taking warehoused goods for manufacture inside the bonded premises. We also find that Section 66 of the Act empowers the Central Government to exempt imported material used in a warehouse. It is thus clear that neither the scheme of the Act nor the provisions contained in the Manual require filing of ex-bond bills of entry or payment of duty before taking the imported goods for manufacturing in bond nor there is any provision to treat such goods as deemed to have been removed for the purpose of Customs Act, 1962. The Warehousing provisions under the Customs Act, 1962 deals with two kinds of removals from the Customs ..... X X X X Extracts X X X X X X X X Extracts X X X X
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