The dispute centered around the classification of imported ...

Customs Tariff Dispute: Calcium Carbonate Classification Appeal Allowed Due to Insufficient Testing Facilities.

September 4, 2024

Case Laws     Customs     AT

The dispute centered around the classification of imported goods, calcium carbonate, under the appropriate Customs Tariff Heading (CTH). The revenue classified it as calcium carbonate under CTH 28365000, while the appellant declared it as calcite powder falling under CTH 25369030. The case hinged on the observation of the Chemical Examiner at the Customs Laboratory, Kandla, who opined that the imported goods were calcium carbonate. However, several factors undermined the revenue's claim. Firstly, to classify under CTH 28365000, the goods must conform to Indian Standard specifications, which was not tested. Secondly, Board Circulars 43/2017-Cus. and 15/2009-Cus. acknowledged that the Kandla laboratory lacked the facility to test the imported goods accurately. Furthermore, a CESTAT precedent held that laboratory test reports cannot be accepted when the facility lacks requisite testing capabilities. Consequently, the revenue's claim based solely on the Kandla laboratory report, which lacked proper testing facilities, was deemed untenable. The impugned orders were set aside, and the appeal was allowed.

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