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TMI Blog2003 (9) TMI 637X X X X Extracts X X X X X X X X Extracts X X X X ..... cate, for the Appellant. Shri A. Chopra, DR, for the Respondent. [Order per : Gowri Shankar, Member (T)]. - The application by Ganesh International is for waiver of deposit of total duty of Rs. 63,82,644/- out of which Rs. 3,30,548/- relates to consignment currently for clearance and remainder for past clearance, and penalty of Rs. 11,50,000/-. Application by Gautam Overseas is for waiver of d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icates its primary use as a medicament. This product is also indicated in the medicament in the import policy. He further contends that the explanatory notes to the Harmonised System of Nomenclature indicates certain part of this plant in Heading 12.11. Therefore, the product is more appropriately classifiable in that heading. He further contends that there has been no misdeclaration in justifying ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng into considerable detail. At this stage, however there seems to be considerable merit in what the Counsel for the applicant says. The books that he has referred to indicate the major use of the substance as a medicament. There is therefore prima facie no basis for confiscation of the goods or for the reassessment of the entry under consideration. It is somewhat difficult to accept that there is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Section 47 of the Act. 6. In this situation, on Ganesh International depositing of Rs. 17 lakhs and Gautam Overseas depositing Rs. 3 lakhs, we waive deposit of the remaining duties and penalties. On the applicant executing an undertaking to deposit the differential amount of duty on the live consignment, should the decision of the Tribunal go against permitted to clear the pending without ..... X X X X Extracts X X X X X X X X Extracts X X X X
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