9911796707
|
Home
Issues:
1. Registration application for concessional rate of duty under Tariff Heading 84.66. 2. Eligibility for project benefit under Project Imports Regulations, 1965 and 1986. 3. Consideration of application timing in relation to regulations in force. 4. Provisional assessment and finalization at the time of debonding. Analysis: Issue 1: Registration application for concessional rate of duty under Tariff Heading 84.66 The appeal was against an Order-in-Appeal passed by the Collector of Customs (Appeals), Hyderabad, regarding the registration application for availing the concessional rate of duty under Tariff Heading 84.66. The appellants, a 100% Export Oriented Undertaking, submitted the application before the arrival of the first consignment, seeking registration to avail benefits. The Assistant Collector deferred the decision on registration, stating eligibility at the time of debonding, subject to fulfilling conditions under Project Imports Regulations, 1986. Issue 2: Eligibility for project benefit under Project Imports Regulations, 1965 and 1986 The contention was whether the appellants were eligible for project benefit under Project Imports Regulations, 1965, or 1986. The Assistant Collector opined that benefits could be considered at the time of debonding, under Regulations, 1986. The Revenue conceded that a proper order on registration should have been passed, and the matter was deferred for final consideration. The Tribunal directed the Assistant Collector to pass an order on the registration application and reconsider the matter. Issue 3: Consideration of application timing in relation to regulations in force The Tribunal emphasized that the Assistant Collector should have decided on the registration application based on the regulations in force at the time of application, i.e., Project Imports (Registration of Contract) Regulations, 1965. It was noted that the Assistant Collector erred in deferring the decision to a later date, as the law applicable at the time of importation should govern the decision on registration. Issue 4: Provisional assessment and finalization at the time of debonding The Tribunal highlighted that while the assessment was provisional, it should have been finalized at the time of debonding, considering the relevant tariff, rules, and regulations in force at the time of clearance for home consumption. The matter was remanded to the Assistant Collector for a fresh consideration in line with the law and specific directions were given to allow the appellants an opportunity to be heard before a decision is made. In conclusion, the appeal was allowed by remand, emphasizing the importance of timely registration decisions based on the regulations applicable at the time of application and importation, and the necessity for finalizing assessments at the appropriate stage in accordance with the law.
|
