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2015 (10) TMI 270 - AT - CustomsClassification of Vessel with surplus fuel under CTH 8908 Appellants are contesting imposition of redemption fine and penalties in respect of importation of vessels for breaking purpose alongwith surplus fuel Held that - identical issue was discussed by Tribunal in case of M/s. R.K. Industries and anrs. vs. Commissioner of Customs 2015 (9) TMI 369 - CESTAT AHMEDABAD held that as per clarification/opinion of Joint DGFT surplus fuel stored in fuel tanks of vessels/ship brought for breaking up is classifiable under 89.08 along with main vessel Well settled law that clarifications on Import Policy issued by office of DGFT is binding on Customs As imports under ITC(HS) 89.08 are free without any restrictions therefore such MGO/HSD contained in vessels brought in for breaking up cannot be held as liable for confiscation under Customs Act 1962 and no penalties upon appellants are imposable In view of decision of Tribunal appeals are allowed Decided in favour of Assesse.
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