The case involved the reclassification of imported Clear Float ...

CESTAT Chennai ruled in favor of the appellant, classifying imported Clear Float Glass under tariff item 70051090, entitling FTA benefits. Extended period for duty demand and penalty imposition not justified.

Case Laws     Customs

May 21, 2024

The case involved the reclassification of imported Clear Float Glass (CFG) from Malaysia for eligibility under a specific customs notification. The primary issue was whether the goods should be classified under CTH 70051090 as declared by the Appellant or under CTH 70052990 as reclassified by the Department. The Tribunal held that the Appellant's classification was correct based on the Tariff Heading, relevant Chapter Note, test reports, and manufacturing process. The Tribunal rejected the Department's contention regarding the presence of a metal layer, stating that the classification determined by the Department was without basis. The Tribunal confirmed the classification under tariff item 70051090, granting the Appellant the benefit of the customs notification. The Tribunal also found that the extended period for demand of duty and penalty imposition was not justified, as the Appellant had not suppressed any facts, leading to the appeal being allowed, the impugned order set aside.

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