1999 (9) TMI 173

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.... A.K. Chatterjee, SDR, for the Respondents. [Order per : Gowri Shankar, Member (T). -  Appeal taken up for disposal with consent of both the sides after waiving deposit. 2. The appellant imported a horizontal drilling system. The goods were provisionally assessed to duty, for the reason that the importer undertook to re-export the goods within three months of the importation. Th....

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....ssue of written show cause notice before the Commissioner. The importer contended that it did not have any intention to import the goods for use in India, and the goods were initially had been imported for demonstration purpose. It was contended that the value shown in the invoices for the goods did not represent the correct value, that the machine was manufactured in the year 1990, and the price ....

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....he extent of the period for which the imported goods are used after their importation. It is contended that the notification will not apply because the goods had not been taken into use after importation, and hence the appellant is entitled to 98% of drawback. It is therefore, prayed that having regard to the circumstances under which the goods were imported, re-export may be permitted. 5.&emsp....

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....ods are identified to the satisfaction of the Assistant Commissioner as those which were imported and that the goods are entitled for a re-export from two years from the payment of duty from the importation thereof. There is a provision for extending the period in each particular case. Sub-section (2) of Section 74 provides for notwithstanding anything contained in sub-section (1), the rates of dr....