2016 (9) TMI 570

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..... ere against DFIA licenses issued by DGFT. Present proceedings were initiated against the appellant on three main issues: (a)    The imports were from non-approved sources in violation of Insecticides Act, 1968. (b)    The products have been mis-classified. The correct classification is under 38089390 and as such are restricted for import. (c)     The value of the import product is not correctly declared and as seen from contemporaneous price of the appellant's import itself. 2.  The original authority held that Glyphosate Technical 95% Paraquat Dichloride 42% are to be classified under tariff item 38089390. The declared assessable value of Rs. 9,14,82,613/- was revised to Rs. 12,82, .....

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..... e same. 5.  We have heart both the sides and examined the appeal records. On the issue regarding classification imported chemical we find that the DGFT both in the policy as well as the licences, issued to the appellant specifically mentioned the classification of the chemical ITC (HC) under tariff item 38089990. The imports are under advance licenses for the purpose of re-export. The appellants are specifically prohibited as per the condition of registration from diverting any of the imported items in the domestic market. In such circumstances, we find that the import policy as issued by the DGFT read with the licences given to the appellant are to be considered for assessment of clearance of the goods in so for they related to the c .....

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..... 5 Per Kg. The invoices were dated 06.03.2014 for a quantity of 12MT only. We find that the quantum of import each consignment will have the bearing of unit price and so also the time difference between the imports. There is nothing on record to indicate that the earlier import price has been vitiated by the extra consideration between the exporter and the India importer. Considering the factual position as above, we find no merit in the re-determination of value by the lower authority. The imports were under advance licence intended for re-export. 7. Considering the above discussion and findings, we find the impugned order is without merit. The same is set aside and the appeal is allowed. (Dictated and Pronounced in the open court)
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