2011 (2) TMI 777

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....: Written submission.   Per Mr. B.S.V. Murthy;   The appellant is a Ship Breaker and imported a vessel MV Vitya for breaking purpose and filed a bill of entry on 02.3.2005. The bill of entry was assessed provisionally for want of original documents. Subsequently, the bill of entry was finally assessed vide final assessment order dated 10.12.2009. The Revenue is in appeal against th....

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.... intention of the legislature was to protect and safe guard the existing provisions of Section 28AB in force under the customs Act 1962 and not to reduce the same. It was also submitted that Revenue has already filed appeal against the decision of the Tribunal in the case of Sterlite Industries (India) Limited. As regards Chemsilk Commerce (P) Limited, it has been stated that the relevant order of....

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....d and charged of tax made substantial provisions in his law. The Tribunal took into consideration the fact that substantial provision of law relevant to the present case was Section 18(3) of the Customs Act 1962 and not the Section 28-AB of the Act. Thus, it can be seen that all the points raised by the Revenue have been taken into account in the case of Sterlite Industries. Since the issue is cov....