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Extends 'Project Import' benefit for LPG storage tank erection; Applies SC ratio

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  • CESTAT extends 'Project Import' benefit for construction of LPG storage terminal tanks, under Notification No. 42/96-Cus dated July 23, 1996 considering same as “Port Development Project”
  • Notes that Gujarat Govt’s Port & Fisheries Dept. accepted assessee’s proposal for erecting LPG storage facility, and wrote to Asst. Commissioner of Customs to grant duty concession on imports in terms of Customs Tariff Act, 1975 and Project Import Regulations, 1986
  • Accepts assessee’s contention that Port & Fisheries Dept. is a statutory authority and certification therefrom that project undertaken is ‘Port Development Project’ cannot be disputed by Customs Dept.; 
  • Rejecting Revenue contention that LPG storage tanks were being set up for import under “Parallel Marketing Scheme” of Ministry of Petroleum of Natural Gas and hence, same was for own infrastructure facility, CESTAT observes that assessee extended very same storage facilities to other oil companies and amount collected therefrom should be considered for valuation of imported goods; Relies on SC ratio in Zuari Industries Ltd., and sets aside de-registration of project imports and differential duty demand : Mumbai CESTAT
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