9911796707
TMI Blog2023 (1) TMI 113X X X X Extracts X X X X X X X X Extracts X X X X ..... t have to be established in this particular case between March and April 2023, and in some other connected matters relating to group companies, have to be established in February-March 2023, the uncertainty as to whether or not the petitioner would be entitled to a concessional rate of duty would perhaps delay the execution of the project at hand. The balance of convenience, thus, is in favour of the petitioner because in case the petitioner was to fail in the instant writ petition, it would have to pay duty at the tariff rate and not at the concessional rate. Therefore, at the end of the day, this aspect of the matter has only a financial impact either way, qua which, a suitable direction can be issued. We are inclined to direct that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mporting equipment for the purpose of its solar power project, has been denied on account of a purported retrospective amendment to the Project Import Regulations, 1986 [in short, 1986 Regulations ]. 4.1 It is Mr Ghosh s contention that the sponsoring authority had recommended that the benefit of Customs Notification No.50/2017 dated 30.06.2017 would enure to the petitioner. In this behalf, Mr Ghosh has, inter alia, drawn our attention to the following part of the communication dated 23.09.2022: As per Provision of Customs Notification No. 50/2017 Customs dated 30.06.2017 as amended from time to time, as per Customs Tariff Heading No. 98.01, under Sr. No. 597 (iii) for Goods required for setting up of any Solar Power Project are el ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on No. 9900869051 dated 30.09.2022 in all your future correspondence with this office. 4.3. Mr Ghosh says that upon receipt of this communication, a right was vested in favour of the petitioner to import registered items for execution of the solar power project to import items at a concessional rate of duty, which, according to the respondents, stands withdrawn with the issuance of the impugned notification dated 19.10.2022. [See annexure P1, appended on page 51 of the case file]. 5. It is Mr Ghosh s contention that, even if the aforesaid notification is taken on its face value, it states, in no uncertain terms, that it was designed to come into force on 20.10.2022. 6. It is, thus, submitted by Mr Ghosh that the registration of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the entire process of import is likely to get derailed. Although letters of credit have to be established in this particular case between March and April 2023, and in some other connected matters relating to group companies, have to be established in February-March 2023, the uncertainty as to whether or not the petitioner would be entitled to a concessional rate of duty would perhaps delay the execution of the project at hand. 10.1. The balance of convenience, thus, to our minds, is in favour of the petitioner because in case the petitioner was to fail in the instant writ petition, it would have to pay duty at the tariff rate and not at the concessional rate. Therefore, at the end of the day, this aspect of the matter has only a financ ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
