2000 (10) TMI 780

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....that the subject Notification No. 49/2000 exempts only imported capital goods and plastic foils are not capital goods and are also not components of imported capital goods required for assembly or manufacture of capital goods and directed the appellants to clear the goods on payment of merit rates of duty. 2. In the appeal, the appellant submits that they have filed home consumption bill of entry No. 015409, dated 31-5-2000 for the clearance of plastic foil (Poly film Hyticlear Grade 0.200 mm) and sought clearance at the concessional rate of 5% basic + Nil CVD under Customs Notification 49/2000 against EPCG Licence issued under 5% EPCG Scheme and benefit of the notification was denied by the lower authority stating that the notifica....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... hearing, attended by Shri S. Murugappan, Ms. Prameela Viswanathan, Advocates and Shri S. Rahul Razdan, the appellants reiterated the submissions made in the grounds of appeal; pleaded that the item is a tailor made item made specifically for their requirement and is used as such and the Notification 49/2000 exempts, inter alia, components of capital goods required for assembly or manufacture of capital goods and green house has been defined as an equipment required for production of products like floriculture etc. vide the department's circular dated 10-3-1997 and that in as much as the subject goods are required for the manufacture of equipment and as there is a specific licence covering this particular item, the conditions of the Notific....