TMI Blog1998 (7) TMI 108X X X X Extracts X X X X X X X X Extracts X X X X ..... oved and according to the petitioner-company, the project includes handling of unloading system of imported goods. The petitioner-company applied for registration of the project under project Import Regulation, which was registered. 3.The petitioner-company submitted the contract executed with M/s. Buhler Brothers Ltd., Switzerland for registration under the Project Import Regulation, 1986 for importing one 'mobile continuous ship unloader completely assembled' alongwith letter of the Ministry of Fertilizer, G.O.I., (the sponsoring authority) recommending the importation of the goods under project import. The contract was registered and the goods were subsequently imported and provisional assessment was made. Therefore, it was felt by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... If such an application is filed, the same shall be dealt with in accordance with law and we do not express any opinion about its maintainability on merits. Till disposal of the application if filed within the aforesaid date, the appeal shall not be dismissed by the Tribunal for non-deposit. The writ application is disposed of as withdrawn." 4.By the order at Annexure-1, second time the Tribunal refused to interfere with the earlier order. 5.We have heard Mr. Mohanty for the petitioner-company and Mr. Jena, learned Senior Standing Counsel (Central). 6.Mr. Mohanty has urged that 'Mobile Continuous Ship Unloader completely assembled' is meant for bringing raw material from the ship to the factory for production and therefore, it is an i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plant, (2) irrigation project, (3) power project, (4) mining project, (5) project for the exploration for oil or other minerals, and (6) such other projects as the Central Govt. may, having regard to the economic development of the country notify in the Official Gazette in this behalf; and spare parts, other raw materials (including semi-finished material) or consumable stores not exceeding 10% of the value of the goods specified above provided that such spare parts, raw materials or consumable stores are essential for the maintenance of the plant or project mentioned in 1 to 6 above. 8. As stated above, this undertaking of the Government of India is running at huge loss. Therefore, the Tribunal granted interim stay on deposit of 50 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|