2018 (4) TMI 855

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....d under CTH 71039990 as other of otherwise worked precious stone, semi - precious stone etc. under main heading 7103. They have claimed assessment of rate of duty of 2% in terms of Sl. No. 313 of Notification No. 12/2012 C us dated 17 03.2012. The assessment was done by the importer and goods were cleared. The department noticing that the assessment made by the importer is not correct, initiated proceedings for reassessing the goods. The Revenue sought to classify the product as 'other' category under the main heading but as intermediate stage between 'rough' and 'cut and polished' semi precious stone. By classifying the product as partly cut, the department sought to deny the exemption available to rough stone as well as cut and polished s....

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..... Relevant finding of the same are as under: 13.2 I find from the customs tariff that 'unworked or simply sawn or roughly shaped sem iprecious stones' are classified under CTH 71031029 and 'semi precious stones otherwise worked' are classified under 71039990. I find that the rough semi - precious stones is the stage when the stone is mined from the earth; is uncut, unset and having no regular form. That 'otherwise worked' is the stage when the semi - precious stones is cut and polished. That, Pre - form is an intermediate stage between 'Rough' and 'cut and polished' gemstone. That the Pre - forms in question fall in the category of 'semi precious stones otherwise worked' as it possesses the characteristics of cut work done on it to....

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....ef 01.03.2013 the duty on performs of precious and semi precious stones was prescribed 2 2% under Notification No. 12/2013. This clearly shows that prior to 01.03.2013 duty applicable on performs of semi precious stone was the tariff rate of duty i.e. @ 10%. Even if it is assumed that prior to 01.03.2013 the duty was nil on performs as claimed by the appellant then there was no need to amend the notification no. 12/2012 by inserting entry no. 312A in the notification. Further entry no. 312 of above notification pertains to rough semi precious stone whereas perform is different in character than the rough stone. I therefore, hold that during 17.3.2012 to 28.2.2013 the applicable duty on perform of semi - precious stones was @ 10% i.e. tariff....