9911796707
TMI Blog2002 (11) TMI 445X X X X Extracts X X X X X X X X Extracts X X X X ..... ent. [Order per : C. Satapathy, Member (T)]. Shri Kunal Shah, learned Advocate for the appellants states that the appellants are the agents for the master of the vessel Sea Transporter which ran aground off Fort Aguada, Goa in June, 1994 when a cyclone hit Goa coast. As the vessel had become a wreck it was sold to a ship breaking concern in Alang, Gujarat. For the wreck to be removed i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no duty is payable on the same under Section 23 of the Customs Act, 1962. Exemption under Notification No. 133/87-Cus., dated 19-3-87 is also applicable. (2) The demand of duty is hit by time-bar. (3) The duty is also not payable in terms of the bond which required carrying the third section to Alang and payment of duty at Alang. Section 56 of the Contract Act comes into play as it w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore, no exemption is available for the same. He also states that duty is payable by the appellants in terms of the bond executed by them. He supports the decisions of the lower authorities. 4. We have heard both sides and perused the records of the case. Vessels and floating structures are exempted under Notification No. 133/87- Cus., dated 19-3-87 except those imported for breaking up. If sub ..... X X X X Extracts X X X X X X X X Extracts X X X X
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