M/S. Essar Projects India Ltd vs Commissioner Of Customs (Port), ... on 21 April, 2015
4.1 Further, Analyzing the judgment of the Honble Supreme Court in Garden Silk Mills case (supra), he submits that the observation of the Honble Supreme Court at para 16 of the said judgment consists of two parts. In the first part it describes the meaning of importation and the later part it has been emphasized what is the taxable event. The portion relating to filing of bill of entry occur in the latter part, does not have any bearing on the definition of import mentioned in the first part. Thus, once the goods which had come into India from outside the country, form part of the land mass within the country, then the import or importation is complete, and it would not depend on or wait for the time, when the bill of entry for home-consumption, is filed, if at all, at a later date.