Rescinding Board Circular F.No.528/213/87-Customs (TU) - Customs - PUBLIC NOTICE NO. 08/2017

OFFICE OF THE COMMISSIONER OF CUSTOMS NEW CUSTOMS HOUSE, PANAMBUR, MANGALURU - 575 010 C.No. S-26/04/2016 cus Tech Date: 01.05.2017 PUBLIC NOTICE NO. 08/2017 Subject: Rescinding Board Circular F.No.528/213/87-Customs (TU)-reg. Attention of the Importers/ Exporters, Customs Brokers and the members of Trade is invited to the Board's Circular No. 15/2017-Customs dated 19.04.2017, rescinding Circular F. No. 528/213/87-cus. (T.U.) ICD dated 08.08.1987. 2. In the said circular, Board had stipulated that once a contract is registered either for initial setting up or for substantial expansion of an existing plant etc, the imports made become classifiable under the heading 9801 of the customs tariff liable to duty at the project rate. Such goods forming part of the contract and assessed under CTH 9801 lose their identity and cannot be classifiable on merits under any other heading of the Customs Tariff. Hence, any differential rate of duty prescribed by exemption notification on individual goods (other than those for goods specifically covered under CTH 9801) will not come into play for the assessment of project goods. However, Hon'ble Supreme Court has not accepted this view and allowed the benefit of individual notifications even for imports assessed under CTH 9801. 3. In view of the above position, Board has rescinded the said circular Circular F.No.528/213/87-Cus. (T.U.) ICD dated 08.08.1987. (Dr. M. SUBRAMANYAM) COMMISSIONER