Imported seaweed extract provisionally released on bond only; declaratory rejection set aside; appellate decision due within section 128-A(4-A) three ...
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The CESTAT allowed the assessee's appeal and set aside the impugned orders on classification of imported PCC Lime 0/20MM (Quicklime). Applying its own prior ruling in the same assessee's case and following precedent from another Bench, the Tribunal held that Quicklime with calcium oxide purity below 98% is excluded from Ch. 28 as per the HSN Explanatory Notes. Since test reports showed CaO content below 98%, classification under sub-heading 2825 9090 was held unsustainable. The goods were held correctly classifiable under sub-heading 2522 1000, as declared by the assessee, and Revenue's reclassification was rejected.
The CESTAT allowed the assessee's appeal and set aside the impugned orders on classification of imported PCC Lime 0/20MM (Quicklime). Applying its own prior ruling in the same assessee's case and following precedent from another Bench, the Tribunal held that Quicklime with calcium oxide purity below 98% is excluded from Ch. 28 as per the HSN Explanatory Notes. Since test reports showed CaO content below 98%, classification under sub-heading 2825 9090 was held unsustainable. The goods were held correctly classifiable under sub-heading 2522 1000, as declared by the assessee, and Revenue's reclassification was rejected.
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