2004 (1) TMI 182 - AT - Customs

Summary

Issues:
Appeal against clearance of Gum Rosin imported on licenses mentioning 'Binding Material - Gum'

Analysis:
The appeals were filed by the Revenue against the clearance of Gum Rosin imported on licenses specifying the item permissible as 'Binding Material - Gum'. The grounds of appeal included the report by Dy. CC stating that Gum Rosin is used as a tackifier in adhesives, an opinion by Dr. Deodhar of IIT that Gum Rosin cannot be considered binding material for book binding, a letter from DGFT lacking technical authority, and statements by the importer admitting non-eligibility of the imports.

Upon hearing both sides, it was observed that the Commissioner had logically determined the eligibility for imports under the licenses. The decision was supported by various factors, such as certificates from IIT, Import Output Norms, and the understanding that adhesives encompass not only the final product but also its ingredients, including Gum Rosin as a tackifier. It was noted that once the Advance Licensing Committee and DGFT had clarified the coverage of an article under the license description, Customs Authorities could not challenge this interpretation.

Furthermore, it was emphasized that the statement of an importer should not dictate the interpretation of a term in the license issued by DGFT, as the clarifications provided by DGFT hold binding authority. Ultimately, no sustainable grounds were found in the appeals to overturn the impugned order, leading to the dismissal of the appeals.