Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

1998 (6) TMI 322

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... owri Shankar, Member (T)]. Appellant imported a ship MV Olinda at Alang for being broken up into scrap. There was a question raised as to whether, for calculating the light displacement tonnage (LDT for short) of the vessel for purpose of assessment, permanent ballast was to be included or not. It appears that there was some correspondence between the Assistant Collector and the Collector. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... uarantee, which was furnished by the appellant pending assessment was being encashed by including in the LDT the weight of the permanent ballast as ordered by the Collector. Therefore, the Superintendent s letter is nothing more than a communication to the appellant of the order passed by the Collector (Appeals). The appeal, which in effect, is against the Collector s order which lays down the bas .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... stry of Shipping and Transport could not be produced by the Departmental Representative. The Collector has said that according to this glossary of terms LDT of the ship is equal to displacement of ship minus dead weight tonnage, equal to the underwater volume of the ship up to the summer load line. He has said that the LDT therefore could correctly be worked out by deducting the dead weight tonnag .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... eadweight to be 10,798 tons. According to this the LDT would be 8570 tonnes. Since the light displacement tonnage given in the builder s certificate is higher that would have to be taken for assessment. In the light of the tariff specification, the question of considering external material such as glossary of terms of the Ministry of Shipping and Transport does not arise. 4. The Departmental Rep .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates