2025 (3) TMI 276 - AT - Customs

CESTAT Kolkata dismisses Revenue's appeal; condones delay, rejects stay application, upholds goods classification under Customs Tariff Act.

Commissioner of Customs (Port), Kolkata Versus M/s Carbon Resources Private Limited

The CESTAT Kolkata addressed three main issues. First, it condoned the delay in filing appeals, finding the reasons satisfactory. Second, it rejected the ... Classification of imported goods under the Customs Tariff Act - HELD THAT:- This Bench in the case of Commissioner of Customs (Port), Kolkata Vs. Carbon Resources Private Limited [2019 (1) TMI 1891 - CESTAT KOLKATA] where it was held that 'the imported goods is a carbon additive, used in Steel and Casting Industry (not used as fuel) and classifiable under CTH 38249911, attracting BCD @ 7.5% and CVD @ 12.5%.' Appeal of Revenue dismissed. The Appellate Tribunal, CESTAT Kolkata, considered the following issues in the judgment:1. Whether the delay in filing the appeals before the Tribunal should be condoned.2. Whether the Revenue's application for staying the operation of the Order-in-Appeal should be granted.3. Whether the issue regarding the classification of imported goods under the Customs Tariff Act was correctly decided.Issue 1: Condonation of DelayThe Tribunal found the reason for the delay in filing the appeals satisfactory and accordingly condoned the delay, allowing the applications for condonation of delay.Issue 2: Stay ApplicationUpon reviewing the impugned order, the Tribunal determined that the order of the Commissioner (Appeals) was not illegal or without jurisdiction. The Revenue's Stay Petition was deemed routine and devoid of merit, leading to its rejection.Issue 3: Classification of Imported GoodsThe Tribunal referred to a previous decision in Commissioner of Customs (Port), Kolkata Vs. Carbon Resources Private Limited, where the issue of classification of goods was settled. The Tribunal upheld the decision in favor of the respondent based on previous rulings and found no infirmity in the impugned order. The appeal filed by the Revenue was dismissed, citing the settled issue in the appellant's own case as a precedent.Significant Holdings:The Tribunal relied on its previous decisions and established principles regarding the classification of imported goods under the Customs Tariff Act. The core principle established was that the issue had already been settled in favor of the respondent in their own case, and therefore, the impugned order was upheld, leading to the dismissal of the Revenue's appeal.In conclusion, the Tribunal dismissed the appeal filed by the Revenue based on the settled issue in the appellant's own case and the established principles regarding the classification of imported goods under the Customs Tariff Act.