- (1.) On 16/8/1985, the appellant, through its clearing agents, lodged a bill of entry for home consumption. On 20/8/1985, the appellant wrote the following letter to the Assistant Collector of Customs: "Sub: 40 Bales Cashmilon, Brand Acrylic Fibre IGM No. 1958/249 s. s. Eastern Splendour, M/s Bharat Commerce and Ind. Ltd. , Bombay. Dear Sirs, The above-mentioned B/entry was noted for Home Consumption on 16/8/1985, but the Importer has instructed us now to prepare and clear the Material under Bond. Since they are having shortage of funds and are unable to pay the import duty for the time being. Kindly allow us to cancel the Home Consumption B/entry and allow fresh B/entry under Bond. "
(2.) The grievance of the appellant is that no action was taken on this application. On 26/8/1985 the appellant wrote a second letter to the a Assistant Collector of Customs to the following effect: "Sub: Allow to cancel the Home Consumption Bill of Entries Nos. 1958/249, 252 and 251 and to file Bond B/entries. Imported M/s Bharat commerce and Industries Limited. Dear Sir, as per the instruction by importer, we request you to kindly allow us to file Bond Bill of Entries. "
(3.) It has been recorded by the tribunal that this letter dated 26/8/1985 was received by the Assistant Collector in the morning of 28/8/1985. In the afternoon of 28/8/1985, it came to be known that the rate of duty on the imported goods were reduced. The question is whether the appellant was liable to pay the duty at the newly-introduced lower rate.;