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2017 (7) TMI 154 - AT - CustomsProject import - denial of benefit of concessional rate of duty - Held that: - the contract is required to be registered, and the assessment of ‘project imports’ is required to be provisional and subject to final assessment within three months of the clearance of the last consignment in the contract. Reclassification of imported goods under heading 8462.99 - Held that: - The consequence of classification under 9801 of the First Schedule to the Customs Tariff Act, 1975 is the bundling of goods; and the conditions that are prescribed in the regulations are related to that bundling for increasing the production capacity of the economy. There is no condition other than import in that state for installation in that form. There is no allegation of disaggregation of the imported goods and, therefore, its possession by another entity does not detract from the principal objective of such bundled classification, i.e. capacity building - Eligibility for such classification at the time of import, compliance with project approval conditions and installation at the permitted site are not in dispute here. Classification as ‘project import’ and assessment thereof cannot be denied. Appeal allowed - decided in favor of appellant.
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