9911796707
TMI Blog2001 (3) TMI 348X X X X Extracts X X X X X X X X Extracts X X X X ..... nt. [Order per : S.S. Sekhon, Member (T) ]. The Assistant Collector had issued the order on finalization of the Project Import BE No. 229/ 5-4-1991 under Section 18(2) of the Customs Act 1962, denying the benefit of Project Import Regulation 1986 benefit and ordered assessment on merits and consequential short levy recovery of duty of Rs 26,28,291/- from the appellants on the ground t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cal Discharge Machine . They had a licence for manufacture of certain items in 1987 and they diversified into electronic component side during 1990. Evidently, the unit, did not fall under initial setting up or substantial expansion nor was a diversification. Even if it was considered a new activity, it was a case of a new unit and not a Project . They had imported only one machine not three, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... We do not find any force in the ground that once a Contract is Registered, by the Assistant Collector and communicated, the same cannot be reviewed by another Assistant Collector. The Project Imports Regulation 1986, govern the classification of the imports under Heading 9801.00 vide Chapter note 02 to Chapter 98 of Customs Tarrif; the definition under the Regulations have to be applied to the e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ea, that no bond was executed under Section 18, a perusal of Section 18 does not indicate that the order of provisional assessments thereon should be, along with and necessarily to be on execution of a bond. (d) Since, under Project Imports, it is the classification and not necessarily the value being contested; non-disturbance of the value as pleased by the appellants in this case will not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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