Custom
TRT-2025-
Cestat Ahmedabad
Date:-06-10-22
In:-
Issue Favourable to Tax Payer ?:-
Key Pointers -
- The appellant, M/s. Ravi Technoforge Pvt. Ltd., had exported Alloy Steel Forging Rings. Prior to October 2011 the goods were classified under CTH 84829900 and Appellant claimed the DEPB. From October 2011 the Appellant started classifying the goods under CTH 73261990 and claimed the drawback.
- The department did not agreed with the classification and self assessment of exported good. Hence issued a show cause notice proposing to reject the classification claimed by the Appellant under CTH 73261990 and to classify the same under 84829900 of Customs Tariff Act, 1975.
- It was also proposed to recover excess drawback claim. Goods exported by the Appellant was proposed to be confiscated as per the provisions of Section 113(ii) of Customs Act, 1962. It was also proposed to impose penalty on Appellant under Section 114(iii)/114AA of the Customs Act, 1962 on the Appellant and Shri A Philip Mathew, Vice president of Appellant.
- The issue involved in this appeal is classification of Alloy Steel Forging Rings.
- The Tribunal observed that on the classification of the goods Ld. Commissioner (Appeals) held that goods which are only forged or stamped but not further worked will qualify under CTH 7326. CTH 7326 deals with only forged articles of Iron & Steels and not worked further. In the present case Appellant has carried out annealing, machining and turning processes after the forging of their products. Therefore the goods of the appellant would not fall under the broad heading CTH 7326.
- It was observed by Tribunal that the goods manufactured and cleared by the Appellant further processes required and the said goods were not ready to use i.e. Rings for Bearing etc. under Chapter 84. Hence, Tribunal was of the view that the disputed goods require further operation and such goods when not fit for being ready to use, would appropriately classifiable under Tariff item 7326.
- Further, in the case of Shri Rolex Rings Pvt. Ltd. Vs. Commissioner of Customs, Kandla –2016(335) ELT 69 (Tri. Ahmd.) and upheld by Supreme Court [Commissioner v. Shri Rolex Rings Pvt. Ltd. - 2016 (338) E.L.T. A32 (S.C.)]. It was held that the impugned goods appropriately classifiable under 7326.
- The impugned order is set aside and allow the appeals filed by the appellants with consequential relief in accordance with law.
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