2002 (2) TMI 182

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....Usha, President]. - Order-in-Original dated 25-9-2001 passed by the Commissioner of Customs, Kandla is under challenge in this appeal. The appellant who claims to have been engaged in the trade of ship-breaking materials imported a consignment of Heavy Melting Scrap weighing 271.140 MTs under two Bills of Entry dated 22-8-2001 and 5-9-2001. The assessable value in the Bills of Entry were declared ....

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....oods are to be used in the furnace for the purpose of melting. Since the goods were required to be cleared urgently, the appellants waived the service of show cause notice and requested for personal hearing. After such personal hearing the impugned order was passed by the Commissioner rejecting the contention raised by the appellant that the goods are liable to be treated as 'waste and scrap'. The....

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....MTs of old and used pipes are serviceable pipes and not 'scrap' coming under Heading 7204.99. It is contended that after accepting the case of the appellant that the cut pieces of pipes imported were 'old and rusty' there was no justification for entering a finding that they were serviceable. Learned Departmental Representative points out that the report of examination of the goods does not show t....

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....ommissioner. The goods may remain as pipe even if they are rusty, old and used but it will not be serviceable pipes if they are rusty and old. There are no materials made available in this case to show on what basis the remark was made in the examination report that they are 'serviceable'. Since the Department itself has not disputed that the pipes are rusty and old, we are of the view that the pi....