TaxTMI 
TaxTMI 
2018 (7) TMI 1605
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....ading 98101 of Customs Tariff Act, 1975, in terms of project import Regulations, 1986 (in short PIR-96). 2. The fact of the case is that the appellant has imported the goods vide Bill of Entry dated 6/11/2000 and put them under Customs bonded warehouse for want of non-registration of contract required for the benefit under project import regulation prior to import of capital goods. The lower Adjudicating Authority has denied the benefit of assessment under project import on that ground alone which was upheld to be correct in Appeal that in order impugned. 3. The Ld. Advocate on behalf of the appellant submits that the Commissioner (Appeal) in the impugned order has incorrectly held that the appellant is not entitled for benefit of the....
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.... itself; non-finalization of assessment by the Department and keeping the same provisional for years together without any valid reason, the benefit of extended period of limitation needs to be rejected. That the CBEC's own guidelines contained in the Customs manual has not been followed to that effect which is binding on the departmental authority. 4. The Ld. DR reiterated the ground contain in the impugned order and also states that in this case the Registration of contract for IPR has been done after the importation and hence the benefit is not to be extended. The assessment is provisional time bare would also not be applicable. 5. We have heard the parties and also peruse the appeal records. 6. The issue before us is to decide a....
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....Customs Act, 1962 seeking the denial of Project Import Benefit and consequential recovery of deferential duty amounting to Rs. 9,25,0001 dated 30/05/2008 the appellant replied the same on 11/08/2008 and the Department raised the demand without disputing the fact and fulfillment of bond condition. In their defence, the appellant also took the issue of time bar as the demand was raised after the expiry of seven and a half years. From analyses above chronological event, we find that the assessee's contention is correct regarding the late issuance of the Show Cause Notice, however, the entire Project Import Benefit is assessed the Customs duty on a provisional basis under Section 18 of Customs Act 1962, and therefore, the time bar could not be ....
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....e other than the Custom House at which the contract is registered, the importer shall produce from the Custom House of registration such information as the proper officer may require. (2) The importer shall apply, as soon as after he has obtained the import trade control licence wherever required for the import of articles covered by the contract and in case of imports covered by the Open General Licence or imports made by Central Government, any State Government, statutory cooperation, public body or Government undertaking run as a joint stock company( hereafter referred to as 'Government Agency") as soon as clearance from the Directorate General of Technical Development or the concerned authority, as the case may be, has been obtained.....