9911796707
TMI Blog2023 (4) TMI 784X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 of the O-I-O reveals that the said order relies on the decision of Tribunal in the case of SRI MAHARAJA INDUSTRIES VERSUS COMMISSIONER OF CUSTOMS, CHENNAI [ 2006 (8) TMI 407 - CESTAT, CHENNAI ] where it was held that the Commissioner of Customs is not competent to issue any public notice contrary to the provisions of the Act. The appellants themselves accepted that they were aware of the duty due and payable, but the system thwarted their efforts to file correct ex-bond Bs/E. The decision relied in the Order In Original does not support the case of the Revenue and is totally contrary to what Revenue has alleged. The aforesaid decision of Tribunal clearly holds that the exchange rate applicable will be the rate on the date the war ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere made prior to the Finance Act, 2011, the benefit of extended period of limitation has to be granted as per the statute applicable at the time of import. 3. Learned AR relied on the impugned order. 4. We have considered the rival submissions. The sole issue is if currency exchange rate applicable to imports will be the rate prevalent at the time bill of entry is filed or the rate prevalent when Ex-bond bill of entry is filed. We find that the impugned order relies on para 12 and 13 of the order in original to hold that the demand is sustainable. A perusal of para 13 of the O-I-O reveals that the said order relies on the decision of Tribunal in the case of Shri Maharaja Industries, 2007 (207) ELT 270 (Tri.-Chennai.). The facts of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would be the rate 'as on the ex-bond Bills of Entry'. 5 ... 6. On a careful consideration of the case, we find that the Commissioner of Customs is not competent to issue any public notice contrary to the provisions of the Act... Relying on the aforesaid decision the Order In Original confirms the demand. 4.1 We find that the decision relied in the Order In Original does not support the case of the Revenue and is totally contrary to what Revenue has alleged. The aforesaid decision of Tribunal clearly holds that the exchange rate applicable will be the rate on the date the warehousing bill of entry was filed for putting goods in bond. In this circumstances, we find that the demand cannot be sustained. The appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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