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TMI Blog2022 (3) TMI 239X X X X Extracts X X X X X X X X Extracts X X X X ..... of Notification No. 34/2017 dated 18/10/2017 are applicable to the facts of the case or not? - HELD THAT:- As it is already been held that the date of import of the impugned gold is 17/10/2017, further, it is found that the provisions of Notification No. 34/2017 dated 18/10/2017 are applicable, if the Nominated agency imports the gold, the same is required to be manufactured and exported thereof - But in the case in hand, the appellant has imported goods as a Normal importer and filed Bill of Entry as a Normal importer in terms of RBI Guidelines, therefore the provisions of Notification No. 34/2017 dated 18/10/2017 are not applicable to a Normal importer of gold and the said notification is came to be issued after the date of import - Notification No. 34/2017 dated 18/10/2017 is not applicable to the facts of this case. Whether prior to the Notification dated 18/12/2019, the gold was freely importable or not? - HELD THAT:- As per the Notification dated 18/12/2019, it has been held that after issuance of the Notification dated 18/12/2019, only Nominated agencies can import the gold with end use condition which otherwise means that prior to issuance of the Notification dated 18 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the imported gold on 12/10/2017 which was invoiced by the seller on 15/10/2017 and the goods were delivered to the transporter on 17/10/2017 and the airway bill was also issued on the same day. The appellant filed Bill of Entry on 20/10/2017 as a Normal importer. He further submits that the RBI Regulations were with regard to import of Gold Bars under para-C.11 and C.11.2 of the Master Directions of RBI. Para C.11 stipulates that the Nominated Banks and Nominated Agencies were permitted to import gold on consignment basis and para- C.11.2 stipules that import of Gold Bars under Letter of Credit was restricted to maximum credit period for 90 days. Therefore, it is clear that as on 20/10/2017, the import of Gold Bar was clearly permissible to import in India upon payment of Customs duty without any end use condition. He further submitted that post 2017, free import of gold was restricted by two notifications (a) Notification No. 34/2017 dated 18/10/2017 issued by DGFT which stipulated end use condition of manufacture and export for Gold Bar imported as Nominated Agencies which primarily meant that Gold Bars imported under consignment basis were required to be manufactured and exp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned counsel and submits that although the Airway bill was issued on 17/10/2017 but the goods left the exporting country after 18/10/2017. Therefore, it cannot be said that goods have been imported prior to the date of the Notification. He further submitted that appellant being a Nominated Agency, they have imported the gold and they are bound by end use conditions in terms of Notification No. 34/2017 dated 18/10/2017. Therefore, the impugned order is to be upheld. 5. Heard the parties. Considered the submissions. 6. On consideration of the rival contention of the parties, the following issues have been framed: (a) What should be the date of the import of the gold in the facts and circumstances of the case? (b) Whether the provisions of Notification No. 34/2017 dated 18/10/2017 are applicable to the facts of the case or not? (c) Whether prior to the Notification dated 18/12/2019, the gold was freely importable or not? (a) What should be the date of the import of the gold in the facts and circumstances of the case? The facts of the case are not in dispute that the appellant placed the order for import of the gold on 12/10/2017 and the seller issued the inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dallion of Purity 999.9 falling under CTH 71141910 of Customs Tariff Act, 1975 and the same is not permitted because the appellant is not a Nominated Bank or a Nominated Agency or a Holder of a Status of a Star/Premier Trading House. As per the RBI regulations, it is only the Nominated Bank and Nominated Agency as notified by DGFT which is permitted to import the said goods. Further, I find that it is not in dispute that the Gold Medallion of Purity 999.9 fall under CTH 71141910 of CETA 1975 and as per the Import Policy, the Articles of Gold‟ are classifiable under CTH 71141910 and are freely importable and there is no restriction and in view of the decisions cited supra, Gold Medallion fall within the definition of Articles of Gold‟. Further, I find that the appellants have imported the Gold Medallion which is classified as Articles of Gold‟ from Korea and vide Notification No. 152/2009 dated 31.12.2009 the BCD leviable on the import of Articles of Gold‟ from Korea falling under Chapter 71141910 is Nil. Further, I find that CBEC Circular No. 27/2016-Cus. dated 10.06.2016 relied upon by both the authorities is not applicable in the facts and the circumst ..... X X X X Extracts X X X X X X X X Extracts X X X X
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