9911796707
TMI Blog1994 (9) TMI 105X X X X Extracts X X X X X X X X Extracts X X X X ..... n the date on which a bill of entry in respect of such goods is presented under that section; in the case of goods cleared from a warehouse under Section(b) 68, on the date on which the goods are actually removed from the warehouse; in the case of any other goods, on the date of payment of(c) duty : Provided that if a bill of entry has been presented before the date of entry inwards of the vessel by which the goods are imported, the bill of entry shall be deemed to have been presented on the date of such entry inwards ." 2.The petitioner imported certain goods by sea. The ship arrived on 23-2-1982. On 24-2-1984, "Bill of entry for warehousing" was filed on behalf of the petitioner. Accordingly, the imported goods were warehoused. The pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 68 provides for clearance of warehoused goods for home consumption by the importer. It says that where an importer warehouses the imported goods, he can clear them for home consumption by filing a bill of entry for home consumption in respect of such goods in the prescribed form and on payment of the import duty and other charges thereon. In other words, where the initial bill of entry is filed for warehousing and the imported goods are warehoused, a separate bill of entry for home consumption has to be filed when the importer wishes to clear the goods from warehouse for home consumption. It is the date of such clearance for home consumption that is prescribed as the relevant date for determining the rare of duty. We are unable to see ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5, 46 and 68 makes it clear that they provide an option to the importer either to file a bill of entry for home consumption straightaway (in which case he has to pay the duty determined with reference to that date) or to file a bill of entry for warehousing. In the latter case, the goods are merely warehoused. The import duty will be levied at the rate and on the basis of the valuation determined in accordance with the provisions prevailing on the date of clearance from the warehouse for which purpose the importer has to file a fresh bill of entry for home consumption. In other words, it is the date of filing the bill of entry for home consumption which determines the rate of duty in clauses (a) and (b) of Section 15. Inasmuch as the matter ..... X X X X Extracts X X X X X X X X Extracts X X X X
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