2017 (4) TMI 135

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....echnical) Shri. Madhusudhan Sharma, Advocate for the Appellant Shri K. Poddar, DR for the Respondent ORDER Per V. Padmanabhan: Both the appeals are being disposed of by this common order since the issue involved is the same. 2. The appellant imported preforms of precious and semi precious stones falling under chapter sub heading 7103 of the Customs Tariff Act through Air Cargo Co....

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....d that appellant was not eligible for clearance of nil rate of duty for preforms and ordered for payment of Customs duty. The tariff rate of 10% Customs Duty. Aggrieved by the impugned orders, the present appeals have been filed. 3. With the above background we have heard Shri. Madhusudhan Sharma, Advocate for the Appellant and Shri K. Poddar, DR for the Respondent. 4. The Ld. Counsel submit....

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....as preforms have been extended a concessional rate of 2% only from the date of amendment of the notification. He further submitted that the imported goods cannot be considered as rough semi precious stones since they have already been partially worked upon. They also cannot be considered as cut and polished since a lot more work needs to be done on such preforms. Accordingly he prayed for upholdin....

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.... convert them into cut and polished stones. For the period prior to 01.03.2013, we find that the notification had two Sl. No. 312 & 313 which deal with the semi precious stones. Sl. No. 312 granted the benefit of "nil" rate of customs duty for "rough semi precious stones". Sl. No. 313 granted the concessional rate of 2% for cut and polished gem stones. The category Sl. No. 312A has been inserted w....