TMI Blog2019 (5) TMI 1081X X X X Extracts X X X X X X X X Extracts X X X X ..... gn Trade Policy cannot be pressed into services on the ground that shipment was done after the restriction was imposed. If shipment is made within original validity of irrevocable commercial letter of credit established before the date of imposition of such restriction of import/export, then such export or import is permitted under FTP upto the time limit prescribed in such letter of credit. Both in classification and application of restriction for such imports during the validity of letter of credit, the order of the Commissioner (Appeals) is unsustainable and the same is liable to be set aside - Appeal allowed - decided in favor of appellant. - Customs Appeal No. 351 of 2010 - A/85909/2019 - Dated:- 17-5-2019 - MR. C J MAT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equired and confiscation order under Section 111(d) of Customs Act along with penal action under Section 112 of the Customs Act, 1962 was passed which was appealed before the Commissioner (Appeals) that yielded no fruitful result excepting reduction of fine amount from ₹ 20,000/- to ₹ 10,000/-. Hence the appeal. 3. In the memo of appeal and during the course of hearing of appeal, learned Counsel for the appellant Shri Karan Sawravgi submitted that such classification by the Customs Authorities was wrong as those were parts of centrifugal pumps classifiable under Customs Tariff Heading 84.13. He had drawn our attention to only one of the meanings of the word shaft as given in the Oxford Advanced Learner s dictio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s) that would require interference by the Tribunal. 5. We have heard the submissions made by both the sides and gone through the case record. It is a settled principle that goods are to be assessed in the way, it is presented unless the contrary is established. Invoice copy annexed to the appeal indicates 4 varieties of shafts being imported from M/s CRYOSTAT S.A.S., France and it is not understood as to why all those 4 categories of shafts which appellant claims to have been parts of its centrifugal pumps were all classified as transmission shafts, thus attracting policy restriction and why provision contained in para 1.5 of the Foreign Trade Policy cannot be pressed into services on the ground that shipment was done after ..... X X X X Extracts X X X X X X X X Extracts X X X X
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