9911796707
TMI Blog2023 (6) TMI 1093X X X X Extracts X X X X X X X X Extracts X X X X ..... r Notification No. 21/2002-Cus. dated 01.03.2002. 2. The appellant, vide multiple Bills-of-Entry, imported HDPE Pipes by classifying the same under CTH 89051000, assessed to 'Nil' BCD and 'Nil' rate of CVD. The Revenue entertained a doubt that the imported items merited classification under CTH 391721 since the HSN General Note to Chapter 89 excluded all separately presented parts and accessories of vessels or floating structures even if they were clearly identifiable as such. Consequently, two demand notices were issued to the appellant, to which it appears the appellant filed its reply justifying its classification. 3.1 Vide Order-in-Original No. 18334/2012 dated 20.02.2012, however, the adjudicating authority chose not to accept the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned Advocate, appeared for the appellant and Shri R. Rajaraman, learned Assistant Commissioner, represented the Revenue. 5.1 Contentions of the learned Advocate are as follows:- (i) Non-production of SFIS at the time of assessment could not be the reason for denial of the facility given by the DGFT. It is only a procedural lapse, and it is only for the change of classification by the Revenue that the liability had arisen. (ii) Liability to pay the differential duty was due to the wrong and erroneous assessment by the proper officer and not for any lapse on the part of the importer. (iii) Without prejudice, he would also urge before us that there is not much of a difference between payment of duty i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oper for us to discuss anything on the same since, admittedly, the lower appellate authority has not given any findings on the merits of the case. Therefore, any discussion or even reference by us to the contentions of the Ld. counsel may influence or have a bearing on the proceedings before the authority. 9. In view of our above discussions, we set aside the impugned order and allow the appeal by way of remand. We also direct the first appellate authority to comply with the principles of natural justice by hearing the appellant and thereafter, pass a speaking order on merits, in accordance with law. We find that the appeal pertains to the vintage year 2013 and the Bills-of-Entry were filed in the year 2010 and therefore, we direct t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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