2010 (1) TMI 17

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....L NO. APPEAL under Section 130 of the Customs Act read with Rule 8 of the Customs (Appeals) Rules against Final Order No.717 of 2007 in C/Appeal No.42 of 2006 dated 6.6.2007 on the file of the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Chennai-6. For Appellant : Mrs.P.Bhuvaneswari JUDGMENT (JUDGMENT WAS DELIVERED BY K.RAVIRAJA PANDIAN, J) This appeal has ....

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....ling a bill of entry No.8/2002-03 dated 29.6.2002, which drill ship was valued at Rs.148.92 crores meant for oil well drilling operations at PY 3 Oil Field area falling under customs tariff CH No.8905.90 by availing exemption contained under the Notification No.21/2002 dated 1.3.2002. Condition NO.31 inter alia stated that if the goods are imported by an Indian Company or Companies, a foreign comp....

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....he name of such sub.contractor, an affidavit to the effect that such sub.contractor is a bona fide sub.contractor of the contractor and an undertaking from such contractor binding him to pay any duty, fine or penalty that may become payable, if any of the conditions of this notification are not complied with by such sub.contractor. After performing the contract work of drilling, the importer re-ex....

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....ve carefully considered the arguments of the learned counsel for the appellant and perused the materials available on record as well as the orders of the lower Authorities. No such condition has been imposed or stated to be imposed in the Notification. It is the admitted case of the Department that the blow out preventer and its accessories were immersed in the deep water of the sea and became irr....