1989 (10) TMI 150 - AT - Customs

Summary

Issues:
1. Dispute over the benefit of a customs notification for imported Document Raw Base Paper.
2. Preliminary objection raised regarding the authorization process under Section 129A of the Customs Act.
3. Classification of the imported paper under Tariff Heading 48.02 and admissibility of exemption notification.
4. Examination of samples of printed materials using the imported paper.
5. Application of amended customs notification to the goods in dispute.

Analysis:
The judgment by the Appellate Tribunal CEGAT, New Delhi involved a dispute concerning the benefit of a customs notification for imported Document Raw Base Paper. The respondents had claimed the benefit of Notification No. 55/86-Cus., dated 17-2-1986 as amended by Notification No. 291/87-Cus., dated 11-8-1987. The Assistant Collector of Customs initially denied the benefit, but it was allowed by the Collector (Appeals), leading to the Revenue challenging the Collector's order in the present appeal. Both parties agreed on the classification of the goods under tariff sub-heading 4802.20 of the Customs Tariff Act, 1975, with the dispute focusing on the admissibility of the notification in question.

A preliminary objection was raised regarding the authorization process under Section 129A of the Customs Act. The respondents argued that the authorization was given after the appeal was prepared, questioning its legality. However, the Tribunal examined the language of the authorization and concluded that the Collector had formed an opinion based on the brief facts of the case before authorizing the appeal, thereby overruling the preliminary objection.

Regarding the classification of the imported paper under Tariff Heading 48.02, the Revenue contended that since the paper could be used for printing and writing, it did not qualify for the exemption notification. However, upon examining samples of the printed materials, it was established that the imported paper was indeed suitable for printing and writing purposes, leading the Departmental Representative to concede this point.

The application of the amended customs notification to the goods in dispute was crucial. The goods were cleared under the Ex-Bond Bill of Entry, and the amended notification exempted "printing and writing paper" within a specified weight range. The imported paper fell within this range, supported by a test report from the Indian Institute of Packaging confirming its suitability for printing and writing purposes. Consequently, the Tribunal found no justification to deny the benefit of the exemption notification and upheld the impugned order-in-appeal, dismissing the appeal of the Revenue.