JUDGMENT

Civil Appeal No. 486 of 1998

The short question which requires our consideration is whether countervailing duty is chargeable at the rate prevailing on the date of issue of permit or on the date of actual import of liquor into the State?

2. Brief facts necessary to answer the question may be noticed:

The appellants are holders of distributor licence in Form F.L. 47 issued under Andhra Pradesh Foreign Liquor and Indian Liquor Rules, 1970 (hereinafter the Rules ). They held four permits and acquired them under the Rules on payment of countervailing duty, as was prevailing on the date when the permits were granted. First import permit was granted to the appellant on 31st January, 1991 and 2nd, 3rd and 4th permits were granted on 6th February, 1991. However, before consignment of liquor was actually imported on the strength of those permits, notification (G.O.Ms. 96) dated 8th February, 1991 was issued. The notification was published in the Official Gazette on 9th February, 1991. By this notification, issued in exercise of the powers conferred by Section 21 of the Andhra Pradesh Excise Act, 1968 (hereinafter the Act ) the Governor of Andhra Pradesh amended an earlier notifica