2018 (5) TMI 70 - AT - Customs

Benefit of N/N. 12/2012 - Tagetes seeds F I Marigold Moon sapphire (Flower seeds for sowing purpose) - whether classified under CTH 1209 99 90 or under CTH - 1209 30 00? - Held that - Irrespective of the heading or sub-heading of the imported items, the exemption is available for Chapter 12, under the said entry. Availability of exemption under Sl. No. 17 to the seeds imported by the appellant - Held that - seeds of vegetables and flowers and ornamental plants are apparently eligible for the concessional rate of duty. The plain reading of the entry makes the position clear. Seeds of flowers are eligible for exemption and denial of such exemption is not sustainable - appeal allowed - decided in favor of appellant.

Summary

Issues:
- Classification of imported seeds under Customs Tariff Heading
- Exemption claimed under Notification No. 12/2012
- Interpretation of Sl. No. 17 of the Notification
- Eligibility of flower seeds for exemption

Classification of Imported Seeds:
The appellants imported "Tagetes seeds F I Marigold" for sowing purposes and classified them under Customs Tariff Heading 1209 99 90. The Assessing Officer, however, assessed the goods under CTH - 1209 30 00 and denied the exemption claimed under Sl. No. 17 of Notification No. 12/2012, applying a BCD of 15%.

Exemption Claimed Under Notification No. 12/2012:
The appellants contended that they are eligible for the exemption under Sl. No. 17 as they imported seeds of a flowering plant and filed a declaration stating that the seeds are for sowing or planting only. On the other hand, the lower authorities held that Sl. No. 17 does not apply to flower seeds and that the exemption under Sl. No. 41 of the same Notification should be applied.

Interpretation of Sl. No. 17 of the Notification:
The dispute centered around the interpretation of Sl. No. 17 of the Notification, which covers planting materials such as oil seeds, seeds of vegetables, flowers, and ornamental plants. The argument put forth was that the entry does not apply to flower seeds, as it is restricted to oil seeds and vegetable seeds only. The strict construction of exemption Notifications was emphasized based on previous cases.

Eligibility of Flower Seeds for Exemption:
After considering both sides, the Tribunal concluded that the exemption under Sl. No. 17 is indeed applicable to seeds of flowering plants. The entry clearly includes flowers and ornamental plants, making seeds of flowers eligible for the concessional rate of duty. The Tribunal found the denial of exemption to be unsustainable, as the plain reading of the entry supports the eligibility of flower seeds for exemption. The impugned orders were set aside, and the appeals were allowed based on the clear interpretation of Sl. No. 17.

This detailed analysis of the judgment highlights the key issues of classification, exemption claim, interpretation of the Notification, and the eligibility of flower seeds for exemption under the specific entry.