2007 (5) TMI 56 - AT - Customs

Classification Department contended that the impugned goods imported by appellant from Nepal are classifiable under Chapter 19 but as per appellant fall under Chapter 21 Held that impugned goods fall under Chapter 21

Summary

Issues:
Classification of goods under Chapter 21 or Chapter 19 for chargeable duty on import from Nepal.

Detailed Analysis:
In the present case, the issue revolves around the classification of goods for the purpose of charging additional duty on import from Nepal. The Tribunal considered the arguments presented by both sides. The Department contended that as per Circular No. 4/91-CX dated 20-2-1991, the goods should be classified under Chapter 19. On the other hand, the Advocates for the appellants relied on previous Tribunal decisions to support their claim that the impugned goods should be classified under Chapter 21. They cited cases such as Commissioner v. Tiemac Snack Food Pvt. Ltd., Pepsi Foods Ltd. v. Commr. of Customs & Central Excise, and Frito-Lay India v. Commr. of C. Ex. to establish their position.

The Advocates further pointed out that the Department did not appeal against the decision in the Tiemac Snack Food Pvt. Ltd. case, indicating finality of that decision. They also highlighted that while the Department has appealed the Pepsi Foods Ltd. case, no stay or final order has been issued by the Supreme Court. Additionally, reference was made to a recent notification (No. 10/97-Customs, dated 25th January, 2007) granting exemption to goods similar to the impugned goods under Chapter 21, further supporting their argument.

Considering the Tribunal's previous decisions and the recent government notification indicating classification under Chapter 21, the Tribunal found that the Lower Appellate Authority erred in reversing the original authority's classification of the goods under Chapter 21. As a result, the impugned order-in-appeal was set aside, and the original order-in-original was restored. Consequently, all 21 appeals were allowed, granting consequential benefit to the appellants.

In conclusion, the Tribunal's decision was based on the interpretation of relevant legal provisions, previous Tribunal decisions, and the recent government notification, ultimately leading to the classification of the impugned goods under Chapter 21 for charging duty on import from Nepal.