2000 (1) TMI 386

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....A.K. Jain, JDR, for the Respondent. [Order]. - In September, 1992, appellant imported Black Cumin as crude drug required for making Ayurvedic medicines. Customs authorities did not allow its clearance under OGL. Aggrieved by the stand taken by the authorities, importer went in appeal. Appellate authority set aside the order of the adjudicating officer and remanded the matter for fresh consid....

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....r, department is not in a position to recover any amount by way of duty or otherwise from the importer. In this view of the matter, according to me, the party aggrieved should be the department. The department has not chosen to come up in appeal. Be that as it may, the point urged by the learned Counsel representing the appellant is whether Black Cumin is consumer goods or not. 2. Governme....

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....e authority is proper or not. 3. As stated earlier, in the Import Policy which was to be in force from April, 1990 to March, 1993, Black Cumin was listed at serial No. 47 in List 4 as crude drug. In the earlier Import and Export Policy which was in vogue from April, 1988 to March, 1991 also Black Cumin was included as an item in list 4 under the caption "crude drugs." In the classification....