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2008 (7) TMI 374 - HC - CustomsShip / Vessel was broken up - person liable to pay customs duty, ship owner or importer - relevant date for determination of rate of customs duty - held that - ocean-going vessel, which is manufactured in a warehouse, is exempted from duty of customs leviable when cleared from the warehouse but such duty of customs shall be levied on the vessel if it is broken up as if the vessel were then imported to be broken up. - In the present case, Shipping Corporation of India was granted permission on 4-4-1997 by the Director General of Shipping. In the circumstances, the customs duty, which had been deferred by virtue of notification, became leviable on 4-4-1997 as laid down by the Apex Court. Merely because the Memorandum of Agreement provides for the purchaser to discharge the liability on behalf of the seller, the liability in law which is fastened on 4-4-1997, cannot become the liability in law of the respondent.
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