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        Case ID :

        1996 (9) TMI 433 - AT - Customs

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        Original import date governs concessional customs assessment where EPCG licence specifically covers the imported machines. Concessional customs assessment under Notification No. 160/92 was allowed because entitlement was linked to the original importation date and the EPCG ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Original import date governs concessional customs assessment where EPCG licence specifically covers the imported machines.

                              Concessional customs assessment under Notification No. 160/92 was allowed because entitlement was linked to the original importation date and the EPCG licence endorsed for the specific machines, not merely to the later clearance in 1994. The goods had been imported for exhibition under Notification No. 157/90 and later cleared under the EPCG scheme, but the decisive factor was that Notification No. 160/92 was already in force when the goods were imported and the licence covered them for that purpose. Decisions on post-import exemption were held inapplicable on these facts, and the concessional rate was correctly granted.




                              Issues: Whether the respondents were entitled to concessional customs assessment under Notification No. 160/92 on the basis of the original importation date, despite clearance of the goods in 1994 after exhibition use under the EPCG scheme.

                              Analysis: The goods were imported for exhibition under Notification No. 157/90 and were later cleared pursuant to an EPCG licence specifically endorsed for the machines in question. The decisive factor was the scope of the licence and the legal position attached to the original importation, not merely the later date of clearance. Since Notification No. 160/92 was in force on the date of importation and the licence covered the goods for that purpose, the respondents were held entitled to the concessional rate. The cited decisions on post-import exemption were found inapplicable on the facts.

                              Conclusion: The concessional assessment under Notification No. 160/92 was correctly allowed in favour of the respondents.


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