2006 (2) TMI 442

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ct Import 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 p....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....led. It 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 th....