2016 (12) TMI 574

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.....) for the Department Per Mr. Anil G. Shakkarwar : The appellant filed Bill of Entry No. 3427406 dated 01.10.2013 for clearance of old and used tyres claiming classification under CTH 40122020 for 4,685 numbers of goods with assessable value declared as Rs. 13,60,797.40/-. It appeared to Revenue that old and used tyres fall under schedule III Part B- List of Hazardous Wastes Applicable for I....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....edeem the goods on payment of redemption fine of Rs. 2,75,000/- under Section 125 of the Customs Act, 1962 and ordered re-export of the same goods and also imposed penalty of Rs. 1,35,000/- on appellant under Section 112 (a) of Customs Act, 1962. Aggrieved by the said Order-in-Original, appellant preferred appeal before Commissioner (Appeals), Noida who passed Order-in-Appeal No. NOI/CUSTM/000/APP....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....reign Trade Policy. (b) It is undisputed fact as established from the examination report of the Customs Officers that the consignment in the instant case comprised old and used tyres in reusable condition having substantial residual life and not scrap of tyres. (c) Consignment being of old and used tyres does not get covered by provision of Hazardous Wastes (Management, Handling and Transbou....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....took me through the relied upon final order No. 51473 of 2015 dated 08.04.2015 in the case of M/s. Jibran Overseas vs. C.C., Ghaziabad passed by Division Bench of this Tribunal and compared their case with the relied upon case laws under similar facts and circumstances and urged that the said case law is squarely applicable to their present case. 4. Learned D.R. relied upon the impugned Order-i....