2022 (7) TMI 618 - AT - Customs

Classification of imported goods - gold which are round in shape and have images of gods, saints, temples or historical sites - to be classified under Customs Tariff Item, CTI 7114 19 10 and classifying them under CTI 7118 90 00 of the Customs Tariff Act, 1975? - HELD THAT - Reliance placed in the case of M/S ABANS JEWELS PVT. LTD., M/S. ROOTS NETWORK LLP, M/S. INSAT EXPORT PVT. LTD. AND M/S. KESARI JEWELLERY MARKETING VERSUS PRINCIPAL COMMISSIONER OF CUSTOMS, ACC (IMPORTS) NEW CUSTOMS HOUSE, IGI AIRPORT, NEW DELHI 2022 (4) TMI 1370 - CESTAT NEW DELHI the Tribunal held that the classification of imported articles of gold which are round in shape and have images of gods, saints, temples or historical sites which are struck in the form of a coin would be under CTI 7114 19 10 - A perusal of the decision passed by the Tribunal in Abhans Jewels does indicate that the factual dispute is similar. The stand of Adjudicating Authority that as the subject goods are classifiable under CTI 7118 90 00, it is clear that the import of gold coins are subject to RBI Guidelines, cannot be sustained - Appeal allowed.

Issues Involved:

1. Classification of imported goods (articles of gold) under Customs Tariff Act.
2. Eligibility for exemption from customs duty under relevant notifications.
3. Validity of Country of Origin Certificate.
4. Compliance with RBI Guidelines and DGFT regulations.
5. Imposition of differential duty, redemption fine, and penalties.

Detailed Analysis:

1. Classification of Imported Goods:

The primary issue was whether the imported articles of gold, described as "round in shape and have images of gods, saints, temples or historical sites," should be classified under CTI 7114 19 10 as "articles of gold" or under CTI 7118 90 00 as "coins other than legal tender." The Principal Commissioner classified the goods under CTI 7118 90 00, arguing that gold coins, even if not legal tender, fall under this category. The appellants contended that these items were more akin to medals or medallions and should be classified under CTI 7114 19 10.

2. Eligibility for Exemption from Customs Duty:

The appellants claimed an exemption from customs duty based on a notification dated 31.12.2009, amended by a notification dated 31.12.2016, which extended the benefit of NIL Basic Customs Duty to goods falling under CTH 71021 to 711890, provided a Country of Origin Certificate was produced. The Principal Commissioner rejected this exemption, reclassifying the goods under CTI 7118 90 00 and denying the exemption.

3. Validity of Country of Origin Certificate:

The Principal Commissioner also questioned the validity of the Country of Origin Certificate provided by the appellants, which classified the goods under CTH 7114. The Commissioner held that this certificate could not be considered valid for the classification claimed by the appellants.

4. Compliance with RBI Guidelines and DGFT Regulations:

The Principal Commissioner found that the import of gold coins was subject to RBI Guidelines, which the appellants did not comply with, as they were neither authorized banks, nominated agencies, nor status holders. This non-compliance led to the conclusion that the goods were imported contrary to the prohibition imposed by DGFT (RBI Regulations).

5. Imposition of Differential Duty, Redemption Fine, and Penalties:

The Principal Commissioner ordered the recovery of differential duty with interest and imposed redemption fines and penalties under sections 111(d) and 112 of the Customs Act, 1962, as the goods were provisionally cleared but found liable to confiscation.

Tribunal's Decision:

The Tribunal referred to a similar case (M/s Abans Jewels Pvt. Ltd. v/s Principal Commissioner of Customs) where it was held that the classification of imported articles of gold, which are round and have images, should be under CTI 7114 19 10. The Tribunal found the factual dispute in the present appeals similar to that in the Abans Jewels case. It noted that the imported goods were not legal tender and were more akin to medals or medallions, thus deserving classification under CTI 7114 19 10.

The Tribunal concluded that the orders passed by the Principal Commissioner in all nine appeals could not be sustained. Consequently, the orders were set aside, and the appeals were allowed.

Conclusion:

The Tribunal allowed the appeals, setting aside the orders of the Principal Commissioner, and classified the imported articles of gold under CTI 7114 19 10, granting the appellants the benefit of exemption from customs duty as claimed. The Tribunal's decision was based on the precedent set in the Abans Jewels case, which had similar factual circumstances.

← Previous Next →