2023 (5) TMI 939

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Act, 1975. The goods were examined and it was found that the impugned goods, Inflatable Party decoration inflatable item i.e. decoration foil balloon, which is correctly classifiable under CTH 9503 as per the explanatory note of Chapter 95 as well as analytical report No.46/21-22 dated 29.10.2021 issued by NCTC. Therefore, it was held that impugned goods are to be classified correctly under CTH 9503, which requires BIS Registration and the same was not obtained by the respondents. Consequently, the goods were held liable for confiscation and redemption fine and penalty were imposed. 3. The said order was challenged before the ld. Commissioner (Appeals), who has found that the clarification was given by the Department of Promotion of Indu....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... find that the respondent sought clarification on the import of Inflatable Party decoration inflatable item from the Ministry of Commerce and Industry, Government of India and a clarification was received from the Department of Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government of India vide F.No.14031/47/2020-CI dated 24.02.2022. 8. The said report is extracted hereinunder :  9. As per the Government of India clarification, it is clear that the Indian Standard IS Registration i.e. any product or material designed or clearly intended for use in play by children under 14 years of age, includes requirements for safety of toy balloons as well. These requirements include the possible choking hazar....