2022 (7) TMI 618

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....nts Shri Sunil Kumar and Shri Nagender Yadav, Authorized Representatives of the Department ORDER JUSTICE DILIP GUPTA: Customs Appeal No. 50220 of 2021 has been filed by M/s. N C Jewellers to assail the order dated 07.09.2020 passed by the Principal Commissioner of Customs, ACC (Imports), the Principal Commissioner rejecting the classification of the goods claimed by the appellant to be under Customs Tariff Item, CTI 7114 19 10 and classifying them under CTI 7118 90 00 of the Customs Tariff Act, 1975, the Tariff Act. The Principal Commissioner also rejected the exemption claimed by the appellant under notification dated 31.12.2009, as amended by notification dated 31.12.2016 and ordered for recovery of differential duty with interest....

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....2,65,12,832.00 28,12,746.00 (B) Redemption Fine   28,00,000.00 (C) Penalty Imposed   02,50,000.00 Customs Appeal No. 50466 of 2021 SN. BoE No. and Date Value (Rs.) Total Differential Duty (Rs.) Provisionally Assessed 1. 2549419 dated 21.07.2017 2,65,12,832 28,12,746 2. 2623234 dated 27.07.2017 4,06,76,219 43,15,340 3. 2623646 dated 27.07.2017 5,68,00,313 60,25,945 4. 2688793 dated 02.08.2017 5,95,69,127 63,19,689 5. 2833805 dated 13.08.2017 8,06,24,015 85,53,402 6. 2911316 dated 19.08.2017 17,65,95,039 1,87,34,968       4,67,62,090 Finally Assessed 7. 2684599 dated 01.08.2017 5,46,49,653 57,97,781 8. 2713999 dated 03.08.2017 14,85,96,882 1,57,64,643   &n....

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....9.08.2017 20,44,20,360.00 2,16,86,956.00 Total Demand Details (A) Grand Total 25,81,71,462.00 2,73,89,410.00 (B) Redemption Fine   3,00,00,000.00 (C) Penalty Imposed   55,00,000.00 Customs Appeal No. 50473 of 2021 SN. BoE No. and Date Value (Rs.) Total Differential Duty (Rs.) Provisionally Assessed 1. 2884717 dated 17.08.2017 6,59,49,160.00 69,96,546.00 Finally Assessed 2. 2735360 dated 05.08.2017 6,72,65,636.00 71,36,211.00 3. 2953208 dated 23.08.2017 7,08,69,532.00 75,18,549.00 Total Demand Details (A) Grand Total 20,40,84,328.00 2,16,51,306.00 (B) Redemption Fine   70,00,000.00 (C) Penalty Imposed   21,00,000.00 Customs Appeal No. 50476 of 2021 SN. BoE No. and Da....

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....4.08.2017 30,72,893.00 1,43,38,044.00 Finally Assessed   NA NA NA Total Demand Details (A) Grand Total 30,72,893.00 1,43,38,044.00 (B) Redemption Fine   1,40,00,000.00 (C) Penalty Imposed   14,00,000.00 4. The appellants claim to have imported articles of gold which are round in shape and have images of gods, saints, temples or historical sites. These articles are struck in the form of a coin and according to the appellant are not or were not intended to be legal tender and infact were more akin to medals or medallions and were loosely or colloquially described as gold coins. 5. The appellants claimed classification of these imported goods as "articles of gold‟ under CTI 7114 19 10 and these goo....

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....medals or medallions struck in the form of coin cannot be accepted; (vi) As the subject goods are classifiable under CTI 7118 90 00, it is clear that the import of gold coins are subject to RBI Guidelines; (vii) As the appellant is neither an authorized bank nor a nominated agency nor a status holder, it could not import the subject goods and, therefore, the subject goods have been imported contrary to the prohibition imposed by DGFT (i.e. RBI Regulations); and (viii) The Country of Origin Certificate issued to the appellant which mentions that the goods are classifiable under CTH 7114 cannot be considered to be a valid document. 9. Learned Counsel for the appellant pointed out that orders similar to the order dated 07.09.2020 passed....

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....ustified in classifying the goods under CTH 7114. CTH 7114 would cover articles of gold and the goods imported by the appellant are also articles of gold which are round in shape. Heading 71.14 of HSN provides that these goods are larger than articles of jewellery of heading 71.13 and they include articles for domestic or similar use like medals and medallions (other than those for personal adornment). 30. According to the appellant the imported articles of gold are round in shape and have images of gods, saints, temples or historical sites. These articles are struck in the form of a coin and are not or were not intended to be legal tender and infact are more akin to medals or medallions and were loosely described as gold coins. It is not....