TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Tribunal Corrects Customs Classification Error, Grants Exemption</h1> <h3>Goan Hotels And Clubs Pvt Ltd Versus Commissioner of Customs (Exports), Nhava Sheva</h3> Goan Hotels And Clubs Pvt Ltd Versus Commissioner of Customs (Exports), Nhava Sheva - 2015 (317) E.L.T. 327 (Tri. - Mumbai) Issues:Classification of imported goods under Customs Tariff Heading, denial of benefit of exemption Notification 103/2009-Cus, confiscation of goods under Section 111(d) of the Customs Act, imposition of penalty under Section 112(a) of the Customs Act.Analysis:1. The appeal concerns the classification of goods imported under the EPCG scheme by the appellant and the denial of exemption under Notification 103/2009-Cus by the adjudicating authority. The Commissioner classified the goods under Customs Tariff Heading 6802 2900, leading to confiscation and imposition of penalties. The Tribunal's earlier decision favored the appellant's classification under CTH 6802 2900, allowing the benefit of the exemption. However, the High Court remanded the matter for fresh consideration due to lack of conclusive findings by the Tribunal.2. The appellant argues that the goods should be classified under entry 6802 2900 for both Customs duty and ITC(HS) purposes, as there was no entry 6802 2200 under ITC(HS) at the time of import. The alignment of ITC(HS) with the Customs Tariff necessitates identical classification. The appellant also relies on a Supreme Court decision supporting uniform classification under both systems, emphasizing the incorrectness of the adjudicating authority's findings.3. The Tribunal analyzed the Customs Tariff and ITC(HS) entries, highlighting that goods falling under 6802 29 00 were free from value restrictions. The alignment of EXIM classification with the Customs Tariff from 01/04/2002 mandated consistent classification. The Tribunal referenced a Supreme Court decision to reinforce the requirement of identical classification under both systems, emphasizing the omission of entry 6802 22 00 from ITC(HS) post-2009.4. Consequently, the Tribunal found the adjudicating authority's classification erroneous and upheld the appellant's contention for classification under 6802 29 00. As there were no restrictions on importation under ITC(HS) for these goods, the denial of exemption and confiscation were deemed unwarranted. The appeal was allowed, granting relief to the appellant in line with the legal and factual analysis presented.This detailed analysis of the judgment provides a comprehensive understanding of the issues involved and the Tribunal's decision on each aspect raised in the appeal.
TaxTMI 