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Sunday, February 19, 2012
Electronic Automatic Regulators would fall under Chapter sub-heading 9032.89. =The assessee's only argument appears to be that the goods in question requires to be classified under Chapter sub-heading 9032.89. 3. The Central Government has issued a Notification dated 01.03.2002 and in the said Notification it has classified the Electronic Automatic Regulators under Chapter sub-heading 9032.89. 4. In the present appeal, the Revenue effect is less than Rs.6 lacs and since the Revenue itself has classified the goods in dispute under Chapter sub-heading 9032.89 from 01.03.2002, it may not be necessary for this Court to consider in detail the appeal filed by the assessee. 2
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.6514 OF 2003
M/S.KEIHIN PENALFA LTD. ... APPELLANT
VERSUS
COMMNR. OF CUSTOMS & ANR. ... RESPONDENTS
O R D E R
1. This appeal is directed against the
judgment and order passed by the Customs,
Excise and Gold (Control) Appellate Tribunal,
New Delhi (for short 'the Tribunal') in Appeal
No.C-517/2001-B and C-53/2001-B, dated 13th
March, 2003. By the impugned judgment and
order the Tribunal has confirmed the orders
passed by the Adjudicating Authority, who had
classified 'Electronic Automatic Regulators'
under Chapter sub-heading 8543.89 and had
issued a demand notice, inter alia, demanding
the duty payable under the provisions of the
Customs Act, 1962. The assessee had succeeded
before the First Appellate Authority but the
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Tribunal has reversed the findings and the
conclusions reached by the First Appellate
Authority. Hence this Civil Appeal by the
assessee.
2. The assessee's only argument appears to
be that the goods in question requires to be
classified under Chapter sub-heading 9032.89.
3. The Central Government has issued a
Notification dated 01.03.2002 and in the said
Notification it has classified the Electronic
Automatic Regulators under Chapter sub-heading
9032.89.
4. In the present appeal, the Revenue
effect is less than Rs.6 lacs and since the
Revenue itself has classified the goods in
dispute under Chapter sub-heading 9032.89 from
01.03.2002, it may not be necessary for this
Court to consider in detail the appeal filed by
the assessee.
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5. In that view of the matter, for the
period after 01.03.2002, in view of the
Notification issued by the Central Government,
the goods, namely Electronic Automatic
Regulators would fall under Chapter sub-heading
9032.89. With this observation and
clarification, this appeal is disposed of. No
costs.
...................J.
(H.L. DATTU)
...................J.
(ANIL R. DAVE)
NEW DELHI,
FEBRUARY 14, 2012.
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