2007 (12) TMI 389

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.... As per the facts on record, the appellant imported used and old tyres claiming the classification under Central Excise Tariff Act as 4012 20 90 and accordingly filed bills of entry. The goods were examined and it was found that the same were fit to be used as tyres of motor vehicles and hence classifiable as 4012 20 10 and 4012 20 20. Accordingly, the investigations were initiated, statements of various persons recorded and proceedings initiated by way of issuance of show cause notice, which culminated into an order passed by the Commissioner, confiscating the goods, enhancing the value of the same and imposing penalty. The said order of the Commissioner was, however, set aside by the Tribunal accepting the appellant's stand that the ....

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.... Tribunal. For better appreciation, we reproduce Para 7.3 of the said order. "7.3 Pursuant to the directions given by Hon'ble Tribunal, expert opinion as reproduced in Para 5 above was sought. The experts from L.D. Engineering College, Ahmedabad found the tyres old and used and not left with any transportation life except scrap/junk. They further stated that for safety reasons, these tyres may not be put to actual use in automotives. Shri Ramanjit Singh Sra from M/s. Bangalore Tyre Service, Ahmedabad opined that tyres were worn out and such which cannot be used in motor vehicles but in animal drawn vehicles. He also stated that there was no guarantee for success of these tyres after re-treading. The third expert Shri Kantilal Virji ....