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TMI Blog2015 (11) TMI 1091X X X X Extracts X X X X X X X X Extracts X X X X ..... toms vide letter dated 20.5.2015 raised a query as the item sought to be imported is an biocide figuring in Schedule to Insecticide Act, 1968 and as per DGFT Notification No. 106/2013/2009-2014 dated 1.1.2015, it is mandatory that even for non-insecticidal purpose permission is necessary from the Registration Committee under the Department of Agriculture and Co-operation. The Deputy Commissioner in the letter has informed the appellant to produce necessary permission. Against that letter, the appellants preferred appeal before Commissioner (Appeals). The Commissioner (Appeals) in his order, after following the principles of natural justice, upheld the Deputy Commissioners Communication dated 20.5.2015 and rejected their appeal and held tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tiple uses either should be removed from the insecticide Schedule or if they are added in miniscule quantity in pesticide formulations, for the purpose other than insecticide, should not be considered as 2nd or 3rd active ingredient. He submits that they are freely importable goods which are rightly classifiable under Chapter 29. He further submits that the DGFT Notification annexed at page 95 is not applicable in their case as the goods are classifiable under Chapter 29. He also submits that they have applied to the Registration Certificate of Department of Agriculture and Co-operation. He relied on the following case laws:- (a) DPB Antibiotics Vs. Commissioner of Customs, Chennai - 2009 (247) ELT 324 (b) Synergies Castings ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng on the customs and the appellant. Further, he submits that in this case the appellant has filed an appeal against the letter issued by Deputy Commissioner of the assessing group. Neither any assessment of the Bill of Entry completed nor any order was passed by customs invoking any contraventions of Customs Act, nor the goods were confiscated, the adjudicating authority in his letter finding production of necessary documents allowed for bonding of goods. 5. After hearing both sides and on perusal of the records, we find that the short issue involved in this case is whether the item 'bronopol' imported by the appellant requires permission as per DGFT notification dated 1.1.2015. We find that in this case the appellant filed Bill of Entry ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or import of an insecticide spells out the conditions for import which inter alia, may include reference to the source of import. No 'insecticide' can be imported from a source other than that specified on the certificate of registration or the permit, as the case may be. In addition, the Registration Committee may issue regulatory guidelines from time to time with respect to safety, efficacy, quality etc. which warrant full compliance from importers." (Emphasis supplied). 6. The appellant contends that bronopol is imported for non-insecticidal purpose. However, we find that the appellant is not manufacturer or actual user or industry but only a merchant trader and there is no evidence to show that said Bronopol insecticide is used for non ..... X X X X Extracts X X X X X X X X Extracts X X X X
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