2007 (2) TMI 14

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....d a Project Import Contract with the Customs Authorities at Bombay in 1986. The project was for setting up a polyester filament manufacturing plant. Imports under the contract were made from 1986 to 1988 and goods cleared at the lower rate as applicable to imports under Project Import. The assessments were provisional against bond executed by the appellant. The project was completed also by in sta....

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....when detention order for recovery of demand under Section 142 of the Customs Act was received. Thereupon, an appeal was filed before the Commissioner. In addition to contending that Rule 7 of the Project Imports Regulations did not apply in this case, it also submitted a reconciliation statement, pleading that the said statement may be taken on record and assessments finalized at the concessional ....

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....of the Hon'ble Supreme Court in the case of Mangalore Chemicals & Fertilizers v. Dy. Commissioner reported in 1991 (55) E.L.T. 437 (S.C.) was appropriate in the present case in as-much as a substantial relief should not be denied for the non-satisfaction of a procedural requirement of no consequance. 5. We have perused the record and heard both sides. The issue is whether the appellant forfeitt....

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....acted. Hon'ble Supreme Court ruled as under: "11...There are conditions and conditions. Some may be substantive, mandatory and based on considerations of policy and some others may merely belong to the area of procedure. It will be erroneous to attach equal importance to the non-observance of all conditions irrespective of the purpose they were intended to serve". 6. It is very clear from th....