9911796707
TMI Blog2007 (5) TMI 460X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Respondent. [Order per : P.G. Chacko, Member (J)]. The appellants viz. Ponneri Steel Industries had imported what was declared as non-alloy steel melting scrap consisting of skull and filed bill of entry dated 10-11-2006 for its clearance classifying the goods as Ferrous scrap under Heading 7204. The department got samples of the goods tested at the National Metallurgical Lab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ls Ltd.) under Section 112(a) of the Act. Pending adjudication, however, the Customs authorities had allowed provisional release of 80% of the consignment, retaining the rest valued at Rs.3.67 lakhs. The appeal filed by the parties against the decision of the original authority did not succeed. 2. The present applications are for waiver of predeposit and stay of recovery in respect of the penalt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ording to the Indian standards. Apart from this, we have found that, in the case of Steel Authority of India Ltd. v Commissioner of Central Excise, Raipur [2006 (197) E.L.T. 97 (Tri.-Del.)], the department wanted to classify an identical item under SH 7204.10 of the CETA Schedule. Thus, we have found enough material on record supporting the claim of the appellants for unconditional clearance of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay of recovery in respect of the penalty amounts. While taking this view, we have also taken into account the fact that 20% of the consignment valued at over Rs.3.6 lakhs is in the departmental custody. 4. At this stage, learned counsel press for early disposal of the appeal in view of the fact that a part of the consignment has been withheld on a ground which is untenable on the facts and circu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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