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1999 (12) TMI 358

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..... r (J)]. The appellants filed this appeal against the order-in-appeal dated 30-10-1998 passed by the Commissioner of Customs (Appeals), Bombay. In the impugned order, the benefit of Project Import was denied to the appellants. 2. Ld. Counsel, appearing on behalf of the appellants, submits that the appellants made import of diesel engine vide Bill of Entry dated 11-2-1985 and the same was wa .....

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..... the contract was registered after the order was passed by the proper officer to warehouse the diesel generator set. He relies upon the decision of the Hon ble Supreme Court in the case of Mihir Textiles Ltd. v. C.C. reported in 1997 (92) E.L.T. 9 (S.C.). He, therefore, prays that the appeal be dismissed. 4. In this case the benefit of Project Import was denied to the diesel generator set import .....

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..... nit, of a specified : (1) Industrial plant, (2) Irrigation project, (3) Power Project, (4) Mining Project, (5) Project for the exploration for oil or other miners, and (6) Such other projects as the Central Government may, having regard to the economic development of the country, notify in the Official Gazette in this behalf: Provided these are imported (whether in one or in more tha .....

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..... e Supreme Court in the case of Mihir Textiles Ltd. (supra) held that three conditions are to be satisfied for the entitlement of concessional rate shown in the entry 84.66 of Customs Tariff. They are (1) goods should have been imported against a specified contract registered with the appropriate Customs House; (2) such registration should have been made in the manner prescribed by the regulations; .....

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