Date of Determination of Duty and Tariff Valuations of Imported Goods

When the goods enter the territorial waters of India, no doubt they would be under control of the customers authorities, but for fiscal purposes this date is irrelevant for determining the rate of customs duty. The rate of duty, rate of exchange and valuation applicable to any Imported goods shall be the rate and the valuation in force :

1. in case of goods goods entered for home consumption on the date on which a bill of entry in respect of such goods is presented under that section
2. in case of goods cleared from a warehouse on the date on which the goods are actually removed from the warehouses
3. in case of any other goods--on date of payment of duty

Rates :
The rate of duty, rate of exchange and valuation applicable to any Exported goods shall be the rate and the valuation in force :

1. in the case of goods entered for exported under section 50 of the customs act-- on the date on which the proper officer makes an order permitting clearance and loading of the goods for exportation under section 51 of the act.
2. in the case of any other goods-- on the date of payment of duty

These provisions do not apply to baggage and goods exported by post. the export duty becomes leviable only when the goods are exported and not on the goods which are not exported or which could not be exported. The amount of duty which has been deposited but not appropriated would evidently be repayable to the person who has deposited it unless some statutory bar to such recovery is shown to exist.