TRIOKKA PHARMACEUTICALS LTD. Vs. CC

JUDGEMENT

(1.) AFTER hearing both sides, we have decided to dispose the appeal itself. Therefore, we waive predeposit of duty demanded and stay recovery and take up the appeal.

(2.) THE original authority had demanded differential duty of Rs. 79,684/ - denying the benefit of exemption Notification No. 21/2002 dated 1. 32002 as amended, to a consignment of drugs "Amiodarone Hcl" imported by the appellant. The lower appellate authority had ordered predeposit of the entire duty. The appellant is aggrieved by the order of the lower appellate authority whereby he dismissed the party's appeal for their failure to comply with the provisions of Section 129E of the Customs Act.

(3.) HEARD both sides. The appellant had imported bulk drugs "Amiodarone Hcl" and declared the same in the Bill of Entry as drugs/medicine falling under Sl No. 80A to the Table annexed to the Notification No. 21/2002. dated 1.3.2002 as amended. The department accepted the declaration of the appellant and allowed the assessee to clear the goods on payment of 5% Basic Customs Duty as applicable to goods falling under Sl No. 80A, supra. Subsequently, the department initiated action to classify the same under Sl. No. 80B as bulk drugs used in the manufacture of drugs or medicines covered by Sl. No. 80A and to deny the concessional rate of 5% BCD. As the concessional rate of 5% BCD prescribed for goods falling under Sl. No. 80B of the Notification was subject to the importer following the procedure set out in the Customs (Import of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 1996 (hence forth 'the Rules') and as the assessee had not followed the procedure, the original authority confirmed the demand for differential duty of Rs 79,684/ -.