2022 (8) TMI 73 - AT - Customs

Rectification of Mistake - error apparent on the face of record or not - classification of Cards (Populated Printed Circuit Boards) for DWDM Equipment Photonic Service Switch - Small Factor Pluggable (SFP) - claim of exemption under Notification No. 24/2005-Cus dated 01.03.2005 - HELD THAT - It is found that there is an apparent error on record while disposing the appeals. Therefore, in the interest of justice, it is opined that these three appeals are required to be delinked and relisted for fresh consideration of the merits.

Summary

Issues:
- Classification of "Cards" for DWDM Equipment
- Classification of Small Factor Pluggable (SFP)
- Claim of exemption under Notification No. 24/2005-Cus

Classification of "Cards" for DWDM Equipment:
The judgment pertains to multiple appeals where the main issue was the classification of "Cards" (Populated Printed Circuit Boards) for DWDM Equipment - Photonic Service Switch. It was noted that the final order dated 22.06.2022 did not address the additional issue of classification of Small Factor Pluggable (SFP) and the claim of exemption under Notification No. 24/2005-Cus. Due to this oversight, the tribunal found an error in the disposal of the appeals and decided that these specific appeals needed to be delinked and relisted for fresh consideration of their merits. Consequently, the three appeals (C/88483, 88487 & 88492/2018) were ordered to be delinked and scheduled for a fresh hearing on 13.07.2022 to ensure justice and proper adjudication.

Classification of Small Factor Pluggable (SFP):
In addition to the primary issue of classifying "Cards" for DWDM Equipment, the judgment highlighted the absence of discussion and orders on the classification of Small Factor Pluggable (SFP) components. The tribunal acknowledged this omission as an error in the appeal disposal process. To rectify this, the tribunal decided to delink and re-list the specific appeals related to the classification of Small Factor Pluggable (SFP) for a fresh hearing on 13.07.2022. This step was taken to ensure that all relevant issues were adequately addressed and justice was served in the adjudication process.

Claim of Exemption under Notification No. 24/2005-Cus:
Furthermore, the judgment addressed the issue of the claim of exemption under Notification No. 24/2005-Cus, which was not discussed or resolved in the final order dated 22.06.2022. Recognizing this oversight as an apparent error in the disposal of the appeals, the tribunal decided that the appeals concerning this exemption claim needed to be delinked and re-listed for fresh consideration. By ordering a fresh hearing on 13.07.2022 specifically for the appeals related to the claim of exemption under Notification No. 24/2005-Cus, the tribunal aimed to correct the procedural mistake and ensure a thorough examination of all relevant aspects for a just outcome.