PENNAR ACQUA EXPORTS LTD. Vs. C.C., CHENNAI

JUDGEMENT

(1.) This appeal arises from the order in appeal No. M.Cus 1455/96 dated 28.8.96 passed by the Commissioner (Appeals) by which he has held as under in paras 5 and 6 of his order:

(2.) Heard both sides in the matter.

(3.) We notice that the issue is covered by the judgement of the Hon'ble Supreme Court in the case of Union of India vs. Apart Pvt Ltd reported in 1999 (112) ELT 3 (SC). We find that the findings rendered by the Commissioner (Appeals) is in keeping with the law laid down by the Hon'ble Apex Court wherein the Hon'ble Apex Court has clearly held that the crucial date for rate of duty applicable to any imported goods the date determined in accordance with Section 15(1) of the Customs Act, 1962 viz (a) in the case of goods cleared for home consumption the date of presentation of bill of entry under Section 46 or the date of grant of entry inwards to the vessel whichever is later and (b) in the case of goods removed from the bonded warehouse, the date of actual removal of the goods from the warehouse. The learned Commissioner (Appeals) has rightly followed the ruling rendered by the Hon'ble Supreme Court. In view of this, there is no merit in the appeal and the appeal is rejected.