1993 (8) TMI 180 - AT - Customs

Classification of finished leather goods under Customs Tariff Act Heading 14, remanded for exemption eligibility review.

The Tribunal found that the goods in question were classified as finished leather under the Customs Tariff Act, falling under Heading 14. The case was ... Finished leather - Export Issues:- Classification of goods as leather scraps or finished leather under the Customs Tariff Act, 1975- Eligibility of exemption under Notification No. 136/92Classification of goods as leather scraps or finished leather under the Customs Tariff Act, 1975:The case involved an appeal against an Order-in-Appeal passed by the Collector of Customs regarding the classification of goods described as leather scrap for export. The appellants claimed that the goods were leather scraps not covered under the definition of 'Finished leather' as per the Customs Tariff Act. They argued that the term 'leather' could not be extended to include leather scraps and relied on a Tribunal decision stating that waste is not considered goods unless specified. The Revenue contended that 'all sorts' in the relevant entry covered different forms of leather, including scrap. The Tribunal found that the goods were finished leather in the form of strips and slabs, falling under Heading 14 of the Customs Tariff Act. While acknowledging the argument about exemption eligibility under Notification No. 136/92, the Tribunal remanded the matter for further consideration by the Assistant Collector to decide on the exemption issue after providing an opportunity to the appellants.Eligibility of exemption under Notification No. 136/92:The appellants had also raised the issue of eligibility for exemption under Notification No. 136/92, which was not considered by the authorities below. The Tribunal noted that since the lower authorities had held the item to be finished leather, the eligibility for exemption needed re-consideration. The Tribunal found merit in the argument raised by the appellants regarding the eligibility of exemption and decided to remand the matter for the Assistant Collector to decide on this issue after giving the appellants an opportunity to present their case. Consequently, the appeal was allowed by way of remand for further proceedings on the exemption eligibility under Notification No. 136/92.This judgment primarily dealt with the classification of goods as either leather scraps or finished leather under the Customs Tariff Act, 1975, and the eligibility of exemption under Notification No. 136/92. The Tribunal analyzed the arguments presented by both parties regarding the classification of the goods and the interpretation of the relevant entry in the Customs Tariff Act. Additionally, the Tribunal considered the applicability of the exemption notification and the need for further examination by the Assistant Collector on this aspect. The decision to remand the matter for re-consideration of the exemption eligibility highlighted the importance of proper evaluation and opportunity for the appellants to present their case on this specific issue.