TaxTMI 
TaxTMI 
2015 (10) TMI 31
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.... that the goods imported by the appellant, M/s. Goan Hotels and Clubs Pvt. Ltd., Goa vide Bill of Entry Nos. 952097 and 952094 both dated 22/03/2010 and 95606 dated 24/03/2010 under EPCG scheme vide EPCG licences Nos: 0330024096 dated 23/10/2009, 0330024302 dated 13/11/2009 and 0330025462 dated 12/03/2010 would be classifiable under Customs Tariff Heading 6802 2900. However, he has denied the benefit of exemption Notification 103/2009-Cus and has ordered confiscation of the said goods valued at Rs. 1,02,23,909/- under Section 111(d) of the Customs Act, 1962 with an option to redeem the same on payment of Rs. 20 lakhs. He has also imposed a penalty of Rs. 10 lakhs on the appellant under Section 112(a) of the Customs Act, 1962. Aggrieved of t....
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....bunal for denovo consideration. 3. The learned counsel for the appellant submits that the adjudicating authority has held that 'calcareous stone' imported by the appellant is classifiable under Customs Tariff heading 6802 2900 for the purpose of levy of import duty. However, he has come to the conclusion that for the purpose of ITC(HS), the imported goods were covered by HSN 6802 2200, the equivalent of which in the Customs Tariff was 6802 2900. In respect of the said entry, the import was permitted freely provide the CIF value was US $ 50 and above per square meter. In the present case, the appellant had declared the value much less than US $ 50 per square meter and, therefore, the appellant needed a licence or import permit to ....
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....C) wherein the hon'ble apex Court held that the classification under Indian Customs Tariff and ITC(HS) has to be identical after alignment of the ITCH(HS) classification with the Harmonized System of Nomenclature effective from 01/04/2002. Accordingly, he submits that the finding of the learned adjudicating authority in the impugned order is clearly not sustainable in law and, therefore, he prays for allowing the appeal. 4. The learned Additional Commissioner (AR) appearing for the Revenue reiterates the findings of the adjudicating authority and prays for upholding the impugned order. 5. We have carefully considered the submissions made by both the sides. It would be useful at this juncture to reproduce the relevant entries both ....
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....er reasons. 5.1 Further, we find that the EXIM classification of the export and import items were aligned with the Customs Tariff w.e.f. 01/04/2002, in terms of notification issued by the Department of Commerce and Industry under the EXIM Policy. In the said policy, it was clearly stated as follows: "The last five years have seen a paradigm shift in the import policy regime. All the quantitative restrictions (QRs) maintained on account of Balance of payment (BoP) reasons have now been removed. This change in the import policy obviated the need for detailed commodity classification at 10 digit level. There was a felt need for harmonization of the commodity classification used for imposition of custom duty, determination of the import p....
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....) Classification of Export and Import items, 2002-2007 which was issued by the Government under Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 read with paragraph 2.1 of the Export and Import Policy, 2002-2007. The ITC (HS) like the Schedule to the 1985 Act, also contains several chapters which correspond exactly with the Schedule to the 1985 Act at least as far as the relevant parts of Chapter 38 are concerned. Chapter Note 1(a)(2) and the Heading 38.08 of the ITC (HS) are identical with the Schedule to the 1985 Act. In the ITC (HS), under the several sub-headings to Heading 38.08, the different forms of insecticides, pesticides etc. have been provided for from which it is clear that insecticides etc. in their concen....