2001 (3) TMI 348

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....Kumar, C.A., for the Appellant. Smt. Radha Arun, SDR, for the Respondent. [Order per : S.S. Sekhon, Member (T) ]. - The Assistant Collector had issued the order on finalization of the 'Project Import' BE No. 229/ 5-4-1991 under Section 18(2) of the Customs Act 1962, denying the benefit of 'Project Import Regulation 1986 benefit and ordered assessment on merits and consequential short levy....

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....n. He found, for starting a new unit, they imported 'CNC Wire Cutting Electrical Discharge Machine'. They had a licence for manufacture of certain items in 1987 and they diversified into electronic component side during 1990. Evidently, the unit, did not fall under initial setting up or substantial expansion nor was a diversification. Even if it was considered a new activity, it was a case of a 'n....

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....the order of Commissioner (Appeals) and considering the matter, we find :- (a)     We do not find any force in the ground that once a Contract is Registered, by the Assistant Collector and communicated, the same cannot be reviewed by another Assistant Collector. The Project Imports Regulation 1986, govern the classification of the imports under Heading 9801.00 vide Chapter n....

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.... is no bar on the assessments being finalised by the proper officer under Section 18(2). (c)      We have considered the plea, that no bond was executed under Section 18, a perusal of Section 18 does not indicate that the order of provisional assessments thereon should be, along with and necessarily to be on execution of a bond. (d)     Since, und....