1982 (7) TMI 261 - CGOVT - Customs

Summary

Issues:
1. Condonation of delay in filing Revision Application.
2. Classification of imported goods under Item 82(3) I.C.T.
3. Claim for refund based on Notification No. 65-Cus. and Notification No. 86/74.
4. Rejection of claim by original authority and appellate forum.
5. Interpretation of trade nomenclature for films and sheets.
6. Re-assessment under Item 87 I.C.T. without C.V.D.
7. Consideration of C.C.C. Nomenclature in classification.
8. Exemption under Notification No. 28-Cus. dated 1-3-74.

Analysis:
1. The judgment dealt with the condonation of delay in filing the Revision Application beyond the prescribed period of 6 months. The Government, under the proviso to sub-section (2) of Section 131 of CA 62, had the power to condone the delay. The petitioners were offered a personal hearing before the Bench but failed to avail it, leading the Government to proceed with examining the merits of the case based on written submissions and records.
2. The importers claimed a refund based on the classification of Cellulose Nitrate films under Item 82(3) I.C.T. The original authority and the appellate forum rejected the claim, stating that films and sheets have distinct identities, and the benefit of the notifications claimed was not applicable.
3. The appellate authority upheld the rejection, emphasizing the separate identities of films and sheets in plastic technology. The Government agreed with this assessment, stating that trade nomenclature also recognized the distinct commercial identities of films and sheets, leading to the rejection of the refund claim under the notifications.
4. The plea for re-assessment under Item 87 I.C.T. without C.V.D. was also rejected by the Government, noting that Item 87 was a residuary item for classification and could only be used when other classification attempts failed.
5. The Government considered the C.C.C. Nomenclature, a recognized Customs classification guide, in determining the classification of the goods. They concluded that the goods were correctly classifiable under Item 82(3)(b) I.C.T., and therefore, not eligible for exemption under Notification No. 28-Cus. dated 1-3-74.
6. Ultimately, the Revision Application was rejected based on the findings related to the classification of the goods under Item 82(3)(b) I.C.T. and the inapplicability of the exemption notifications claimed by the petitioners.