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CESTAT held for the Appellant that the imported black sand is properly classifiable as mineral/ore under CTH 2614 0090 rather than as quartz sand under CTH 2505 1020, applying GRI Rule 3(b) because rutile (25-30%) imparts the essential character and Chapter 2505 excludes metal-bearing sands. The Tribunal found no legal basis to reject the declared transaction value on the basis of an unexplained contemporaneous import, noting absence of comparability analysis (quality, quantity, origin, commercial factors) or communication under the Customs Valuation Rules, 2007. Confiscation, redemption fine and penalties were held unsustainable and set aside. Appeal allowed; impugned orders quashed accordingly.
CESTAT held for the Appellant that the imported black sand is properly classifiable as mineral/ore under CTH 2614 0090 rather than as quartz sand under CTH 2505 1020, applying GRI Rule 3(b) because rutile (25-30%) imparts the essential character and Chapter 2505 excludes metal-bearing sands. The Tribunal found no legal basis to reject the declared transaction value on the basis of an unexplained contemporaneous import, noting absence of comparability analysis (quality, quantity, origin, commercial factors) or communication under the Customs Valuation Rules, 2007. Confiscation, redemption fine and penalties were held unsustainable and set aside. Appeal allowed; impugned orders quashed accordingly.
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