9911796707
TMI Blog1996 (8) TMI 203X X X X Extracts X X X X X X X X Extracts X X X X ..... ing Sovereign (Gold Coins) of 22 carat purity each weighing 8 gms and collectively 800 gms having assessable value of Rs. 3,34,280/-. They classified the goods under Customs Tariff Heading 7118.90 and sought clearance thereof against the Special Import Licence (SIL) issued in terms of ITC Public Notice No. 64 (PN) 1992-97 dated 21-10-1992 and Public Notice No. 120 (PN) 1992-97 dated 31-3-1993 claiming the benefit of Notification No. 117/94-Cus. and declared on the Bill of Entry that duty shall be paid in convertible foreign currency out of the Exchange Earnings, Foreign Currency Account . Customs authorities found that EXIM Policy 1992 97 allows the import of gold under Special Import Licence for items listed in Appendix XXXV at serial No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which were allowed under SIL and Sl. No. 1 thereof covered gold . They further contended that on receipt of notice from Assistant Collector they had clarified that the impugned coins were neither antiques nor were they currency in circulation and that the Reserve Bank of India had clarified to the Ministry of Finance that import of gold coins against SIL was valid. They also brought to the notice of the adjudicating authority that gold coins were being imported by MMTC under the SIL on payment of duty. Collector (Appeals) by his order dated 31-8-1995 reversed the order-in-original and held that gold coins were permissible to import under the cover of SIL and were eligible to avail of the benefit of Customs Notification No. 117/94, dated 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... apter 72 though the said notification was issued only on 27-4-1994. The fact that the exemption was granted by the said notification to gold and silver falling within Chapter 71 without indicating any distinction between different sub-headings, indicated that the word gold in the SIL was perceived in the broader context as gold in any form falling within Chapter 71 of the Customs Tariff. If the intention was to restrict the exemption to any special form of gold or any manufactured or semi-manufactured condition the exemption notification would have restricted grant of such exemption to the specific sub-headings pertaining to gold in unwrought or semi-manufactured form. 2. In the present appeal the Department has contended that the Col ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted the grounds of appeal and prayed for setting aside of the impugned order and retention of the order-in-original. 4. Opposing the prayer of the Department, the learned Counsel relied on the decision of the Tribunal in Appeal No. C/496/95-D CCE v. R.G. Shahi M/s Chauhan Zaveer in which the Tribunal held that gold included all forms of gold. The Tribunal has not given any finding that gold did not include gold jewellery. He also relied on the Bombay High Court judgment in Commercial Sales Tax Officer v. Agarwal Co. reported in 1883 (12) E.L.T. 116 in support of his contention that a general item would cover all varieties of goods under an item. He also relied on the decision of the Tribunal in 1985 (19) E.L.T. 590 in Western India Pl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... context of the object sought to be achieved by SIL and the exemption notification. The various Chapter headings and sub-headings given in the Customs Tariff Act are meant to (sic) one object of levying and collection of different rates of duty on different items and sub-items. In the instant case the use of the word gold without any further qualifications to restrict its meaning should receive its normal meaning in common parlance which will include all items of gold. Gold coins are nothing but a form of gold in the context of SIL and the exemption Notification No. 117/94 whose purpose is to allow the more liberalised policy for importation of gold, any interpretation which will restrict its scope will go against the very purposes of SIL ..... X X X X Extracts X X X X X X X X Extracts X X X X
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