1998 (9) TMI 296

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....e valid for items covered by special import licence. Items covered by special import licence described the goods as "gold" without mentioning any form thereof. 2. There is also an exemption Notification No. 117/94-Cus. which exempts "gold" and "silver" falling within the Chapter 71 of the First Schedule to the CTA, 1975 from certain rate of duty in excess of the rates prescribed in the notification. Rate of duty for gold given in the said notification is Rs. 2270/- per gm. subject to certain conditions mentioned therein. The original authority accepted the licence for import of gold and also extended the benefit of said exemption notification. 3. The Collector of Customs in exercise of his powers under Section 129D of the Custom....

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....findings of the lower appellate authority which are in the respondent's favour as mentioned above. He submits that the jewellery being old does not necessarily mean that it is `used' as prohibited in licence issued under ITC Policy. The prohibition is for used goods or second-hand goods. There is no bar on import of old gold so long as they are new and not used. In this connection, he relies on Tribunal's decision in the case of Suresh Chand v. State of Madhya Pradesh reported in 1995 (80) E.L.T. 503 which in turn refers to Bombay High Court's judgment in the case of Abdul Hussain Mohd. Ali Mastan v. Union of India, reported in 1981 (8) E.L.T. 936. By way of example, ld. Advocates points out that biscuits of gold marked 1905 i.e., manufactu....