2008 (9) TMI 707 - AT - Customs

Summary

Issues: Classification dispute regarding Central Excise Notification No. 6/2006 benefit on countervailing duty for imported goods.

Classification Dispute:
The judgment pertains to an application for out-of-turn disposal of an appeal against the denial of the benefit of Central Excise Notification No. 6/2006 concerning countervailing duty on imported goods. The Tribunal noted a classification dispute between the assessee and the Revenue regarding the applicability of the Notification, which hinges on the classification of the goods imported. It was highlighted that identical goods had been imported by the party on multiple occasions subsequent to the import in question, with subsequent imports cleared on payment of CVD under protest. The goods in question were held by Customs. The Tribunal emphasized the necessity to settle the classification dispute promptly due to its recurring nature, as correct classification of imported goods is a statutory obligation of Customs. The Tribunal considered the submissions and decided that the Revenue should not object to the early disposal of the case, allowing the application and directing the appeal to be posted for a specific date.

Conclusion:
In conclusion, the judgment by the Appellate Tribunal CESTAT, CHENNAI addressed a classification dispute concerning the benefit of Central Excise Notification No. 6/2006 on countervailing duty for imported goods. The Tribunal emphasized the importance of promptly settling the dispute due to its recurring nature and the statutory obligation of Customs to correctly classify imported goods. The application for out-of-turn disposal of the appeal was allowed, and the appeal was directed to be posted for a specific date to resolve the classification issue effectively.