Home Case Index All Cases Customs Customs + AT Customs - 2015 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
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.
|