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

2001 (11) TMI 632

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e Appellant. Shri A.K. Mondal, JDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. The prayer in the Stay Petition is for dispensing with the condition of predeposit of the duty amount of Rs. 7,07,77,168.00 (Rupees seven crore seven lakh seventy-seven thousand one hundred and sixty-eight) and an equivalent amount of personal penalty imposed by the Commissioner of Custo .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... tion concerned with the said institution to the effect that the import of the goods in respect of which exemption is claimed, is essential for research and the imported goods shall be used only for such purposes by the said institution and such institution is not engaged in any commercial activity. He submits that they produced the certificate as envisaged by the notifications and the goods were c .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ations of the adjudicating authority, learned Advocate, Shri Gupta submits that the certificates having been issued by the appropriate authority, it was not for the Customs to doubt the correctness of the same and to arrive at independent findings. He also submits that subsequent to the present case, the Customs Authorities have accepted the identical certificates issued by the appropriate authori .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... btained by misleading the Ministry of Surface Transport. We are afraid that the above reasoning of the Commissioner for rejecting the certificates produced by the applicant/appellant is not correct, inasmuch as it is not for the Customs Authorities to decide upon the correctness or otherwise of the certificates in question. If the authorities were having any doubt about the correctness of the cert .....

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