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TMI Blog1979 (1) TMI 102X X X X Extracts X X X X X X X X Extracts X X X X ..... 7, 1966, the customs authorities and the Central Government were quite right in taking the view that the rate of duty applicable to the imported goods had to be determined according to the law which was prevalent on the date they were actually removed from the warehouse namely, the amended Sections 14 and 15 of the Act. There is therefore no force in the argument that the requirement of the amended Section 15 should have been ignored simply because the goods were imported before it came into force, or that their bills of lading or bills of entry were lodged before that date. Appeal dismissed. - 1992-1997 and 2219 of 1969 - - - Dated:- 25-1-1979 - P.N. Shinghal and D.A. Desai, JJ. [Judgment per : Shinghal, J.]. - These appeals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... September 1, 1966. Another 12 cases were cleared on October 10, 1966, and 46 cases were cleared in two lots on or about December 30, 1966 and February 20, 1967. Their grievance was that the cases were allowed to be cleared on payment of enhanced duty according to the amended provisions of the Act. They paid the duty under protest and applied for refund of the excess payment on the ground that the amended law was not applicable as the consignments had been received, stored and assessed to duty before the promulgation of the Ordinance. The applications for refund were rejected by the customs authorities, and their appeals were dismissed by the Appellate Collector of Customs on the ground that the amended Sections 14 and 15 of the Act were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the material change was that made in sub-section (1) of Section 15 of the Act by substituting the words The rate of duty, rate of exchange , for the words The rate of duty . He has therefore, argued that the customs authorities were not entitled to take the new rate of exchange , at the depreciated value of the currency, into consideration in respect of the consignments in question as they had been shipped to Bombay and stored in the warehouse before the amended Section 15 came into force. The learned Counsel tried to argue that the orders of assessment of the customs duty were also made before the Amendment Ordinance was promulgated on July 7, 1966, but he did not pursue that line of argument because he was not in a position to produc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of exchange determined by the Central Government for the conversion of Indian currency into foreign currency or foreign currency into Indian currency; (b) foreign currency and Indian currency have the meanings respectively assigned to them in the Foreign Exchange Regulation Act, 1947. 4. It is thus the clear requirement of clause (b) of sub-section (1) of Section 15 of the Act that the rate of duty, rate of exchange and tariff valuation applicable to any imported goods shall be the rate and valuation in force on the date on which the warehoused goods are actually removed from the warehouse. A cross-reference to Section 49 of the Act shows that an importer may apply to the Assistant Collector of Customs for permission to store th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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