Classification of imported aluminum formwork structure with ...

Customs Tribunal Rules in Favor of Appellant on Aluminum Formwork Classification, Overturning Previous Order.

September 14, 2024

Case Laws     Customs     AT

Classification of imported aluminum formwork structure with accessories under the appropriate customs tariff heading. The key points are: The goods should be classified under Customs Tariff Heading 7610 90 10 as aluminum structures similar to equipment for scaffolding, shuttering, propping or pit-propping, rather than under Heading 8480 60 00. The Revenue failed to challenge the self-assessment by the appellant under the Bills-of-Entry before issuing the demand notice. The adjudicating and appellate authorities exceeded the scope of the Show Cause Notice by denying the benefit of the Notification without specifying the conditions not fulfilled, depriving the appellant of an opportunity to defend their case. Consequently, the impugned order is set aside, and the appeal is allowed by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT).

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