GEMINI TRADERS, DIAMOND OIL Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) AFTER examining the records and hearing both sides, we are of the view that the appeals require to be finally disposed of at this stage. Accordingly after dispensing with predeposit, we take up the appeals.

(2.) THE appellant had filed Bills of Entry for warehousing of the goods imported by them. The warehoused goods were subsequently cleared by them upon assessment of ex -bond Bills of Entry filed by them. The warehousing Bills of Entry and the ex -bond Bills of Entry were filed between 03.02.2004 and 26.07.2004. These dates are said to be significant on account of the fact that the jurisdictional Commissioner of Customs issued 2 Public Notices governing the rate of exchange. Public Notice No. 20/2004 dated 03.02.2004 laid down, inter alia, as under:

(3.) LEARNED Counsel has argued that, as the assessments were not challenged by the department, the above demands of duty are not sustainable in law. This plea has been contested by learned SDR, who, with reference to Section 28 of the Customs Act, has contended that the present case is one of short -levy of duty and it is open to the department to demand the short -levied duty under the said provision.