2019 (6) TMI 114

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....ccess points. The impugned goods have been classified by the appellant under Central Tariff Heading No. 85176290 and Central Tariff Heading No. 85044010. During the assessment, licence from Wireless Planning and Coordination Wing (WPC) under the Ministry of Communication and Directorate of Telecommunication/product catalogue was asked for and the goods were examined by the shed officers under the supervision of DC (import Shed) on 8 September 2009. It is thereafter that all the items of the said bill of entry were cleared by the authorities except for 6 pieces of one item namely Fortinet Secured Indore Wireless access point. The department was of the opinion that the said item is permitted to be imported against some licence only. Since no ....

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.... Communication on ETA/WPC Policy dated 12th April 2019 by virtue of which a self-declaration from the Importer/Authorized Indian Representative was allowed to be treated as sufficient evidence to process such clearance by the Customs and the Central Excise Authorities. He had also relied upon Notification No. 07/2015-2020 dated 9 May, 2016 issued by the Department of Commerce, Directorate General of Foreign Trade by which the Radio remote control apparatus which was earlier a restricted item was allowed to be freely importable. It is also submitted on behalf of the appellant that subsequent to said notification in the year 2018, DGFT vide letter dated 8 January 2018 has clarified, that the import licence from WPC is not required for the goo....

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....ities has rightly adjudicated against the appellant. The order under challenge has remanded the matter back to the Original Adjudicating Authority only on the ground that the proper opportunity of being heard was not given. Hence, there appears no infirmity in the order of remand which is very much permissible under Section 128A of the Customs Act. Appeal is accordingly prayed to be dismissed. 4. After hearing both the parties and perusing the entire record, we are of the opinion as follows : There is no dispute about the nature of the product held by the Customs Authorities and the classification thereof. The only controversy herein is as to whether the Fortinet Secured Indore Wireless access point, the impugned goods, required a licen....

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....more required any import licence but the said clarification itself puts a rider that the import of such item may require to comply with certain rules/regulations prescribed by WPC, hence, permission/NOC from the WPC may be required for import of these items. DGFT in the year 2015 also specifically with respect to secured wireless access point (Forti AP) having frequency of 2412-2472 MHz. and also of frequency 5180-5240 MHz. had held that separate import licence is required to be obtained for each import as per WPC procedures. Though vide latest clarification of DGFT dated 16 April 2019 there is a mention that no separate licence is required from WPC Wing but the said clarification being a post-event than the holding of the impugned goods, w....