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CESTAT allowed the appeal, holding that silicon steel scraps were correctly classifiable under CTH 7204 49 00 as waste and scrap. The tribunal rejected the revenue's alternative classification under CTH 7225 19 00, finding no basis for value redetermination from $400 to $650 per MT. The court determined that no misdeclaration occurred, BIS certification was inapplicable, and Para 2.17 of Foreign Trade Policy did not apply. Consequently, the goods were not liable for confiscation, and no penalties could be imposed. The impugned orders were set aside, vindicating the importer's original classification and transaction value.
CESTAT allowed the appeal, holding that silicon steel scraps were correctly classifiable under CTH 7204 49 00 as waste and scrap. The tribunal rejected the revenue's alternative classification under CTH 7225 19 00, finding no basis for value redetermination from $400 to $650 per MT. The court determined that no misdeclaration occurred, BIS certification was inapplicable, and Para 2.17 of Foreign Trade Policy did not apply. Consequently, the goods were not liable for confiscation, and no penalties could be imposed. The impugned orders were set aside, vindicating the importer's original classification and transaction value.
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