Just a moment...

Report
ReportReport
Welcome to TaxTMI

We're migrating from taxmanagementindia.com to taxtmi.com and wish to make this transition convenient for you. We welcome your feedback and suggestions. Please report any errors you encounter so we can address them promptly.

Bars
Logo TaxTMI
>
×

By creating an account you can:

Report an Error
Type of Error :
Please tell us about the error :
Min 15 characters0/2000
TMI Blog
Home /

1981 (3) TMI 83

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ication No. 350-Cus./76. The original authority has taken the view that the clause "falling under heading Nos. .........................." appearing in the said Notification No. 350-Cus./76 would qualify the "part" and not the "article" whereas the Appellate Collector has held that the clause "falling under hading......................." would qualify "article" and not the "part" thereof. Accordin....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ould not be eligible for concessional assessment, a show cause notice for review of the appellate order under section 131(3) of the Customs Act, 1962 was issued to the importers on 26-9-1980. 3. In reply to the show cause notice for review, the importers, inter alia, stated that the amendment by virtue of Notification No. 30-Cus./77 did not really make or intend to make any change in the scope of....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....le itself. They further stated that the Customs Department as well as the industry were interpreting the Notification No. 350-Cus./76 to mean that the exemption was applicable to all parts and this interpretation is in fact in vogue for the last 20 years i.e. from the inception of the Notification No. 82-Cus./60 which was on the same lines as the impugned Notification No. 350-Cus./76. They further....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....alling under heading No..................." will qualify 'article' and not the 'parts'. Government further observe that the Hindi version of the aforesaid notification makes the position abundantly clear beyond any doubt. The Government also note that while it was not necessary to go into the intention behind issuing any exemption notification, nevertheless the context cannot be overlooked altoget....