2018 (4) TMI 855

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....rwise 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 stone. Accordingly, proceedings were i....

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....er: 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 give it a provisional shape and the same is cla....