Home Case Index All Cases Customs Customs + AT Customs - 2018 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (9) TMI 47 - AT - CustomsProject Import - benefit of concessional rate of duty - non-compliance with sub-clause (i) of Regulation 5 of the PIR as the contracts have been registered by the proper officer at the port after importation of the goods and warehouse - Project Import Regulation, 1986. Held that:- As per Rule 5(2) of the PIR, any importer desiring to claim the benefit of Project Imports, shall get a clearance from the Sponsoring Authority - In the present case the sponsoring authority i.e. the Ministry of Commerce and Industries, Department of Industrial Policy and Promotion (light engineering section), had cleared/approved the project imports of the appellant for import of capital goods for essential setting up of project at Uttaranchal in terms of Customs N/N. 230/86-Cus dated 03.04.1986. This has been addressed to the Assistant Commissioner of Customs, Customs House, Kolkata - However, the regulation 5 is not a condition determining eligibility of the imported goods for the benefit of concessional rate of assessment under Project Regulation. It is only a procedural requirement. The importer shall apply as soon as he has obtained the clearance from the sponsoring authority under Regulation 5(2) of the PIR - Also, no prescribed time limit for obtaining clearance from the sponsoring authority. Both the lower authorities have not gone through the provisions carefully and had denied the benefits on incorrect interpretation of the statutory provisions - In the present case the appellants had registered the contract before clearance of the warehoused goods and hence they are eligible for the benefit of the project import. Appeal allowed - decided in favor of appellant.
|