2003 (11) TMI 441 - AT - Customs

Summary

Issues: Stay application for waiving pre-deposit of duty amount based on the classification of re-processed plastic granules and comparison with virgin material or second-hand machinery.

In this case, the applicant sought a waiver of the pre-deposit of duty amounting to Rs. 1,10,788, contending that the re-processed/recycled plastic granules should not be compared with virgin material or second-hand machinery as done by the Commissioner (Appeals) based on the judgment in Gajra Bevel Gears v. CC, Bombay. The applicant's representative argued that the price of recycled material is not readily available in popular publications, unlike virgin material, and relied on the Tribunal's decision in Adani Exports Ltd. v. CC, Visakhpatnam, emphasizing that PLATT's Price Report cannot be the sole basis for determining transaction value.

On the other hand, the Revenue representative asserted that re-processed items are akin to second-hand goods, necessitating the determination of the price of virgin material with deductions as per Board guidelines. The Revenue contended that the duty demand upheld by the Commissioner (Appeals) was lawful, and the appellants should be subject to terms before the appeal hearing at the Tribunal.

After hearing both parties, the Tribunal noted that the recycled granules should not be equated with second-hand machinery, as established in the Gajra Bevel Gears case. The Tribunal found merit in the appellant's argument, acknowledging that a strong case was presented. Consequently, the Tribunal granted a waiver of the pre-deposit duty amount and stayed its recovery until the appeal's final disposal, scheduling the appeal for subsequent consideration.