Home Case Index All Cases Customs Customs + AT Customs - 2015 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (5) TMI 909 - AT - CustomsBenefit of project import assessment under Heading 98.01 of CTA,1975 - consignments were imported prior to the registration of the contract - Non fulfillment of mandatory conditions of Regulations (4) &(5) of Project Import Regulations, 1986 - once the classification of the goods imported had been declared at the time of warehousing, by filing into-bond bills of entry, later, at the time of filing the ex-bond bills of entry for home clearance, the classification cannot be altered - Held that:- Registration of contract should have been obtained, before the Order granting permission for clearance of the goods was passed. We notice that after laying down the conditions, their Lordships analyzing the facts, have categorically held that in the said cases, the contracts were not registered at all before the Order of clearance was passed. In other words, the aspect of clearance of goods was put on the forefront so as to ascertain the fulfillment of the condition of Registration of Contract. We agree with the contention of the ld. Advocate that even though the judgment laid down in Mihir Textiles case (1997 (4) TMI 75 - SUPREME COURT OF INDIA) passed under the old regulations, however the Hon’ble Supreme Court has categorically held that the contract need to be registered prior to the Order of Clearance was passed. - in terms of Regulation No.(4) of the PIR, 1986, the contract should be registered prior to clearance of the goods and not at the time of warehousing of the goods. In the present case the project contract has been registered prior to clearance of the goods for home consumption, hence eligible to the benefit of project import benefit. - Decided in favour of appellant.
|