TMI Blog2006 (2) TMI 442X X X X Extracts X X X X X X X X Extracts X X X X ..... mport in terms of Project Import Regulation, 1986. The view of Original Authority is that the importer ought to have filed the application for registration of contract before the importation of the goods, this is under challenge. 2. It is pointed out by the appellants that the goods on arrival were warehoused in terms of the appellants letter dated 28-1-2002 on the ground that the assessee by making an application for registration of their contract under the Project Import and for extending the benefit of concessional rate of duty for the goods imported and warehoused. It. is stated that on 29-1-2002, the Ministry of Coal and Mines wrote letters to Dy. Commissioner of Customs, Mysore indicating that Coal India Limited had placed purchase ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is pointed out that Regulation 5 uses the expression on or before the importation. While the expression before the importation may indicate that the goods ought not to have reached the territorial waters, the expression on their importation would indicate the stage till the act of importation is completed (till the bill of entry for home consumption is filed). It is stated that this interpretation will be in line with the provisions of Regulation 4 (a). They contend that the Apex Court s judgment rendered in the case of Mihir Textiles Limited (supra) will not come in their way of the appellant in availing the project benefit, as the registration has taken place before the clearance of the goods. It is also pointed out that in the Mihir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be registered before the goods are cleared for the home consumption. In the case of Mihir Textile Ltd., the Apex Court had examined the provisions as under chapter heading 84.66 which clearly laid down that the registration of contract has to be done before clearance of goods for home consumption or before the deposit in the warehouse. This restriction is absent in Regulation 4 5 of the present Regulations and in Chapter Heading 98.01. The Regulation 4 specifically omits a reference to the condition regarding registration being done before depositing in a warehouse and only states that it has to be done before clearance for home consumption. Therefore, both the authorities have not carefully gone through the provisions and had denied the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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