1993 (9) TMI 125

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ia in a Revision under S. 129 of the Customs Act, as it then stood. The Revision filed by the appellant was dismissed. 2.The appellant is a manufacturer of Gramophone records in India. For the said purpose, it says, it used to import Poly Vinyl Chloride (P.V.C.) L.P. Biscuit material. We are concerned herein with nine consignments imported from Yugoslavia between September 22, 1970 to October 2....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....m U.A.R. or Yugoslavia from 50% of the duty payable. Resins were dutiable under Item 82(3) of the Indian Customs Tariff, which read as follows at the relevant time : Artificial or synthetic resins and plastic materials in"(a) any form whether solid, liquid or pasty or as powder granules or flakes or in the form of moulding powders. 100% ad valorem. Articles made of plastics, the follow....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... reads thus : "Polyvinyl Chloride" assessment of additional (Countervailing) duty under Item 15A(1)(ii) of C.E.T. classification regarding. It is notified for information of the trade and all other concerned that the Board has observed after consultation with the Ministry of Law that "Polyvinyl Chloride" falling under Item 15A(1)(ii) of C.E.T. would continue to refer only to `P.V.C. resins' in ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... arbitrarily in refusing to permit the appellant to raise the said alternative ground relating to countervailing duty. The appellant's case before the first authority was that the material imported by him is resins and that he is entitled to the benefit of the Notification No. 69 aforesaid. He raised no other contention before the first authority. Indeed, the Public Notice relied upon by the appel....