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- advocatemmmohan
- since 1985 practicing as advocate in both civil & criminal laws
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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.
                                                           2
 
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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