Incomplete BIS testing cannot justify reclassification or confiscatory action; declared customs classification restored and enhanced redemption fine s...
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The case involved a dispute u/s DGFT Notification No.77(RE-2008)/2004-2009 regarding the import classification of Round Ridge Cement Tiles. The issue was whether the tiles should be treated as 'processed tiles' subject to a minimum value requirement of US$ 50 per square meter. The appellant sought clarification from DGFT, which confirmed that the tiles were free for import under a specific HS code. The Tribunal held that the clarification from DGFT was valid, and the tiles could be imported free of restrictions, overturning the previous decision that imposed restrictions on the import. The impugned orders were set aside, and the appeal was allowed.
The case involved a dispute u/s DGFT Notification No.77(RE-2008)/2004-2009 regarding the import classification of Round Ridge Cement Tiles. The issue was whether the tiles should be treated as 'processed tiles' subject to a minimum value requirement of US$ 50 per square meter. The appellant sought clarification from DGFT, which confirmed that the tiles were free for import under a specific HS code. The Tribunal held that the clarification from DGFT was valid, and the tiles could be imported free of restrictions, overturning the previous decision that imposed restrictions on the import. The impugned orders were set aside, and the appeal was allowed.
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