1999 (12) TMI 358 - AT - Central Excise

Summary

Issues: Denial of benefit of Project Import for diesel generator set.

In this case, the appellants appealed against the order-in-appeal denying them the benefit of Project Import for a diesel generator set. The appellants imported the generator and applied for registration of the contract under Project Imports Regulation 1986. The contract was registered after the goods were warehoused, and the appellants sought the benefit of project import based on this sequence of events. The Revenue argued that the contract should have been registered before the order permitting clearance of the goods. The Customs Act specifies that registration must precede the order for clearance. The Revenue relied on a Supreme Court decision setting out three conditions for concessional rates under Customs Tariff Heading 84.66. These conditions include registration against a specified contract before clearance order. As the contract in this case was not registered before the goods were warehoused, the appeal was dismissed, following the Supreme Court's precedent.

The judgment emphasized the importance of adhering to the specific conditions outlined in the Customs Tariff for claiming benefits such as Project Import. The sequence of events, including registration of the contract before clearance of goods, is crucial for eligibility for concessional rates. The judgment highlighted the Supreme Court's ruling that all three conditions must be met for an importer to claim the concessional relief. In this case, as the contract was registered after the goods were warehoused, the appellants did not satisfy the necessary conditions for the benefit of project import. Therefore, the denial of the benefit was upheld based on the legal requirements and precedents established by the Supreme Court.

Overall, the judgment serves as a reminder of the strict compliance required with customs regulations and the significance of meeting all specified conditions for claiming benefits like Project Import. The decision underscores the need for importers to ensure timely registration of contracts to avail of concessional rates and highlights the legal consequences of failing to meet the prescribed criteria.