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Issues: Classification of Dextrose Anhydrous under Customs Tariff Act, Additional duty exemption for drug intermediates, Issuance of detention certificate
Classification of Dextrose Anhydrous: The petition involved a dispute over the classification of Dextrose Anhydrous for customs duty purposes. The petitioners contended that the goods should be classified under Chapter 29.01/45 as an organic compound, attracting a duty rate of 60%. On the other hand, the respondents argued that the goods should be classified under Chapter 17.02 as a sugar in solid form, subject to a duty rate of 100%. The petitioners provided evidence supporting their classification claim, including letters to the respondents, a bill of entry, and reports from laboratories confirming the organic nature of Dextrose Anhydrous. The Assistant Drug Controller also confirmed that the goods fell within the Indian Pharmacopoeia classification. Despite the lack of a reply affidavit from the respondents, the court concluded that the imported Dextrose Anhydrous should be classified under Chapter 29, attracting a 60% duty rate. Exemption for Drug Intermediates: The petitioners sought exemption from additional duty under Section 3 of the Customs Tariff Act for Dextrose Anhydrous, claiming it as a drug intermediate. They relied on a Central Excise Act notification exempting drug intermediates from excise duty. The court found that the imported Dextrose Anhydrous indeed qualified as a drug intermediate, as confirmed by laboratory reports and the purpose of its use in the manufacture of Sorbitol. Referring to a previous judgment, the court held that the goods were not liable for additional duty, aligning with the exemption granted to drug intermediates under the Central Excise Act. Issuance of Detention Certificate: The petitioners also sought the issuance of a detention certificate for the period during which the goods were detained by Customs authorities. The court granted this request along with the overall success of the petition. The final judgment made the petition absolute, discharged the bank guarantee provided by the petitioners, ordered the refund of additional duty paid, and did not award costs. Additionally, the court granted a stay on the order for four weeks upon the respondent's application.
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