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2017 (2) TMI 185

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..... gricultural Commissioner where the concerned Ministry is of the opinion that if boric acid is used for non-insecticidal purpose, no registration is required under the Insecticide Act, 1968. In other case, however, it may necessary to obtain registration - the appellants are also traders and the imported goods have been used for non-insecticidal purpose - appellants do not require any import permis .....

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..... ion under Chapter 29. Aggrieved by the said order, the appellants are before Tribunal. 2. Learned Counsel for the appellant argued that identical matter in respect of Boric Acid has been decided by the Tribunal in the case of Shakti Chemicals vide its Order No. A/94272-94273/16/CB dated 6.12.2016. In the said decision, the Tribunal has observed as follows: - 5.2 It is seen that on 8.11 .....

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..... xempted from the requirement of registration under the Insecticides Act, 1968. They may be informed accordingly to follow the guidelines as suggested by the Department of Agriculture Cooperation. (iv) 2 applications which are for indigenous manufacture for insecticidal use and 5 applications which are for import for insecticidal use may be scrutinized as per the guidelines of the Registrati .....

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..... se. In the instant case, the imports have been made by the Traders and it is not clear that the boric acid imported have been used for insecticidal purpose. In such circumstances, importation of boric acid may not require registration from the concerned authorities under the Insecticide Act, 1968. 5.4 We find that no evidence has been placed on record to establish that the material has been u .....

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