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TMI Blog2015 (6) TMI 535X X X X Extracts X X X X X X X X Extracts X X X X ..... ls of Entry are live consignment and involves on classification dispute ad considering the necessitating nature early hearing application is allowed. After dispensing with the stay application, we proceed to dispose of the main appeal itself at this stage. 3. The brief facts of the case are that the appellants imported Hook and Eye and three Bills of Entry Nos. 6382741 and 6381744 both dated 8.8.2014 and 6468065 dated 18.8.2014 self-assessed the goods under Chapter 8308 1010 BCD @10%. These bills of entry were scrutinized on 11.8.2014, 12.8.2014 and 22.8.2014 and customs duty was paid on that date. After the examination of goods under second check the said Bills of Entry were returned to the concerned Group for re-assessment. The apprising ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bsites of junglee.com, snapdeal.com, amazon.in and had come to a conclusion that items are not hook and eye as allowed by adjudicating authority but these are known as bra extenders . This fact was not informed to them nor was any opportunity given to argue before the appellate authority. The goods imported are only hook and eye and it is not bra extender and they have strong evidence to prove that it is not used as bra extender but only used as hook and eye individually cut and used and never been used as bra extender. She also produced samples of hook and eye before the Bench. Since principles of natural justice not followed by the original authority and the lower appellate authority she prayed for remanding the case to the original autho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng these facts as under:- "Non-issue of speaking order ratifying the assessment Once reassessment is done contrary to the self assessment of the importer, the Group is bound to issue a speaking order under section 17(5) of the Customs Act, 1962. But in this case speaking order is not issued by the group. The LAA has forwarded cross-objections justifying the classification. It is made clear that issuance of cross objection cannot take the place of the finding of an order in original. In these factual circumstances, I proceed to decide the case on merits. From the above it is clear that the appellate authority clearly held that Group has not issued a speaking order but he chose to decide the classification on merits. In the impugned order, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... remitted back to Department, the impugned order is liable to be set aside for deciding the classification issue afresh after providing a reasonable opportunity of hearing to the appellants. Appellants are directed to produce all necessary evidences before the original authority and he shall pass a speaking order on merits within a period of three months and all issues are open to both sides. We also find that the appellants had already paid the admitted customs duty on the goods, we direct the customs to allow clearance of goods covered under said 3 Bills of Entry with necessary bond and security in the form of bank guarantee of 25% of the differential duty. 9. Accordingly, the impugned order is set aside and the appeals are allowed by wa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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