TaxTMI 
TaxTMI 
2016 (6) TMI 432
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....pellant and the learned Standing Counsel appearing for the Revenue. 3. Briefly stated the facts of the case are, that two deep sea fishing trawlers of foreign origin were imported by M/s. Kerala State Co-operative Federation for Fisheries Development Ltd. ('Matsyafed' for short). Subsequently, Matsyafed invited tenders for the disposal of the trawlers and being the successful tenderer, the trawlers were sold to the appellant on 26.02.1998. According to the appellant, finding the trawlers to be not seaworthy, they sent it for breaking up. Later, show cause notice was issued to the appellant under Section 124 of the Customs Act for confiscating the vessels under Section 111(o) of the Act and imposing penalty on the appellant under Se....
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....t fresh Bill of entry to the Collector of Customs, and thereupon such goods shall be chargeable with the duty which would be payable on such goods as if such goods were entered for home consumption under Sec. 46 of the Customs Act, 1962 (52 to 1962), on the date of the presentation of such fresh Bill of Entry to the Collector of Customs for the purpose of break-up of such goods." It is pointed out that notification No. 133/87 was again rescinded by notification No. 47/96-Customs dated 23.07.1996. 5. It is stated that the appellant purchased the trawlers in question only on 26.02.1998. According to them, it was thereafter that they found the vessels to be not seaworthy and decided to send the same for breaking up. It is stated that by that....
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....is notification was rescinded by notification No. 47/96 dated 23.07.1996. 8. Admittedly, acquisition of the vessel by the appellant was only on 26.02.1998 and they transferred the vessel for breaking up still later. The question is whether such transfer of the vessel by the appellant for breaking up would attract the liability under notification No. 133/87. In our view, the answer should be in the negative for the reason that as on the date of acquisition of the vessel or its transfer for breaking up, notification No.133/87 was already rescinded by notification No. 47/96. Section 159A of the Customs Act, 1962 reads thus: "159-A. Effect of amendments, etc., of rules, regulations, notifications or orders.- Where any rule, regulation, notifi....