2011 (7) TMI 1139 - HC - Central Excise

Summary

Issues involved: Dispute over categorization of imported item as "zircon ore" or "zircon concentrate", challenge to Assistant Commissioner's order, application of exemption notification no.4/2006, impact of amendment in Central Excise Tariff Act.

Summary:

Categorization Dispute:
The petitioners, importers of zircon, argued that the substance they imported is zircon ore, not zircon concentrate, as it undergoes a physical process of separation from impurities. The Assistant Commissioner contended that it is zircon concentrate, leading to various orders including one dated 9.6.2011 challenged in court.

Legal Challenge:
Petitioners approached the court citing unjust treatment by the Assistant Commissioner, past litigations supporting zircon ore classification, and exemption under notification no.4/2006. They disputed the scientific basis of the laboratory report categorizing the substance as zircon concentrate.

Statutory Appeal and Interim Arrangement:
The court noted the availability of statutory appeal against the impugned order and directed petitioners to file appeals before the Commissioner(Appeals) promptly. Pending appeal disposal, the court ordered the release of imported containers upon furnishing a bank guarantee and personal bond, with a deadline for appeal filing and disposal set within three months.

Conclusion:
The court refrained from making substantive observations on the issue, emphasizing the need for appeal resolution. The judgment aimed to balance the interests of both parties while awaiting the appellate process, ensuring a fair and timely resolution without prejudicing either side.