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TMI Blog2019 (6) TMI 171X X X X Extracts X X X X X X X X Extracts X X X X ..... that the Department has itself appointed a Chartered Engineer who has given a report to the effect that the machine imported by the Petitioner is a used/repaired one. Clearly, this is not in consonance with para 11 of circular dated 15th October, 2015 issued by the Central Board of Excise and Customs which permits the importer to select any Chartered Engineer empanelled by the Customs House for su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ugh: Mr.Harpreet Singh, Sr. Standing Counsel with Ms. Suhani Mathur, Advocate O R D E R 1. These are two writ petitions by the same party which has imported Stent Crimping Machine‟ from the USA under the EPCG license for manufacturing drug eluting stent with its parts and accessories. According to the Respondents, clearance of the machine cannot be permitted since the m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . No Custom House shall require any importer to have an inspection I appraisement report of second hand machinery from a particular Chartered Engineer. The importer shall be free to select any chartered engineer, empaneled by the Custom House for the respective class of goods, if so required . 5. In the present case, the admitted position is that the Department has itself appointed a Cha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... available both to the Department as well as to the Petitioner not later than 10th June, 2019. (iv) The Petitioner s request thereafter for release of the machine will be considered on its merits and an appropriate order passed on such request by the officer concerned not later than 30th June, 2019. 7. As far as the proceedings in the show cause notice is concerned, it will pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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