2014 (8) TMI 317 - AT - Customs

Waiver of predeposit of duty - Classification of goods - Technical grade pesticides - Classification under Chapter 29 or Chapter 38 - Held that - Technical grade pesticides in bulk form are covered under Heading 38.08. On perusal of the records, we find from the invoice that the goods in question are technical grade pesticides in bulk form which is covered by the decision of the Hon ble Supreme Court. In view of that, the applicants failed to make out a prima facie case for waiver of predeposit of entire dues - Following decision of Pesticides Mfg. & Formulators Association of India 2002 (10) TMI 95 - SUPREME COURT OF INDIA - Conditional stay granted.

Summary

Issues: Application for waiver of predeposit of duty, classification of imported goods under Chapter 29 or Chapter 38, compliance with stay order, applicability of Supreme Court decision on technical grade pesticides.

Analysis:

1. Waiver of Predeposit of Duty: The applicants sought waiver of predeposit of duty amounting to &8377; 10,63,416/- and &8377; 42,00,600/- along with interest. The Revenue re-classified the imported insecticides from Chapter 29 to Chapter 38, leading to a demand for duty. The applicants argued that the goods were not put up for retail sale and should not be classified under Chapter 38. However, the original authority confirmed the duty demand, citing a Supreme Court decision. The Commissioner (Appeals) directed the applicants to deposit the entire duty amount along with interest, which was not complied with, resulting in dismissal of the appeals.

2. Classification of Goods: The Hon'ble Supreme Court decision in the case of Pesticides Mfg. & Formulators Association of India held that technical grade pesticides in bulk form fall under Heading 38.08. Upon reviewing the records, it was found that the goods in question were technical grade pesticides in bulk form, aligning with the Supreme Court decision. Consequently, the applicants failed to establish a prima facie case for waiver of predeposit of the entire duty amount. The Tribunal directed the applicants to predeposit the full duty amounts within a specified period, with the provision for waiver of predeposit of the balance dues upon compliance.

3. Compliance and Stay Order: The Commissioner (Appeals) dismissed the appeals due to non-compliance with the stay order requiring the deposit of duty. The Tribunal noted that the matter was decided without delving into the merits of the case. Both parties were granted the liberty to seek necessary directions at the time of complying with the stay order. The Tribunal emphasized the importance of complying with the directives and timelines set forth for predeposit and reporting compliance.

In conclusion, the Tribunal upheld the re-classification of the imported goods under Chapter 38 based on the Supreme Court decision, leading to the directive for predeposit of the duty amounts by the applicants. The judgment highlighted the significance of adhering to legal procedures and orders, emphasizing the need for compliance with directives issued by the authorities involved in the case.