2016 (12) TMI 825

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....ing up of their factory at Noida for manufacture/assembly of computer systems, under Heading 9801, as project import, and deregistering the same from project import and ordering assessment on merits. 2. The facts, necessary for disposal of the present appeal, are that the appellants, for manufacture of computer systems and peripherals at the time of initial setting up of their factory at Noida, imported certain machineries and equipment under Project Import Regulations, 1986 (PIR, for short) and, accordingly, the contract was registered with the Customs House before import. During the months of December, 1989 and January, 1990, the appellants imported consignments of the machineries for which nine Bills of Entry were filed which were ass....

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....e, over and above submission of an Affidavit of their Manager testifying installation and use of the said machinery; that against the order of the Tribunal dated 08.06.2006 directing them to deposit Rs. 15 lakhs, they had approached the Hon'ble High Court, which gave time for substantiation of installation of the machinery.  By an Affidavit filed before Hon'ble High Court in October, 2006, the appellants had submitted verification report of the UP Sales Tax Authority of the machines in use including the disputed machines.  Further, their application for load sanctioning of electricity was allowed on due verification of the machinery installed in their Noida factory, which include the disputed machines.  The Hon'ble High Court....

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....ing the period 1989-90. The requirement of submission of statement, indicating details of the goods imported together with other necessary documents, within three months from the date of clearance for home consumption of the last consignment of the goods or within extended period, was inserted and brought on statute book for the first time through amending Notn. No.17/92-Cus dated 07.01.1992 by insertion of Regulation 7 in PIR, 1986.  Even the show cause notice, in para 2, alleges that clause 7 of PIR now requires to submit reconciliation statement within three months from the date of import, when clause 7 was not in vogue when imports were made. The Tribunal in the case of Kores India Ltd. vs. Commissioner of Customs, Mumbai, reported....