9911796707
TMI Blog2019 (5) TMI 1081X X X X Extracts X X X X X X X X Extracts X X X X ..... g with option for redemption with reduced penalty is assailed in this appeal. 2. Brief facts of the appellant's case, as reveals from the appeal memo, is that appellant had earlier imported centrifugal pump vide Bill of Entry No. F-35 dated 15.06.2006, classified under Customs Tariff Heading 84.13. It had imported from M/s CRYOSTAT S.A.S., France, parts of the pump including shafts vide Bills of Entry No. 837708 dated 27.12.2008 and classified it under Chapter Tariff Heading No. 84831099 under authority of letter of credit dated 29.02.2008 having validity for shipment upto dated 27.01.2009. Customs Authorities classified the same under Tariff Heading No. 84831099 by treating the same as transmission shafts and order for its confiscation a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ), he hold a finding that imported goods in question were not parts of centrifugal pumps but are shafts meriting classification under CTH 84831099 and even accepting the same to be such, appellant was in possession of letter of credit having validity up to 27.01.2009 for shipment, for which such confiscation order was uncalled for. 4. In response to such submissions, learned Authorised Representative for the respondent-department Shri K.M. D'souza, Assistant Commissioner with Ms. Trupti Chauhan, Assistant Commissioner pointed out that a clear finding is given by the Learned Commissioner (Appeals) with reference to dictionary meaning of shafts and since "transmission shaft" was restricted for import at the relevant time and the shipment wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of imposition of such restriction. However, a time limit for operationalisting such LCs may be prescribed." 6. From the plain reading of such provision contained in FTP, it can very well be said that 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. Therefore, we are of the considered view that 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. Hence the order. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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