INTRADE IMPEX (P) LTD. Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) THE applicants filed these applications for waiver of duty and penalties.

(2.) Vide impugned order, a duty demand of Rs. 32,55,280/ - and penalty of the same amount has been imposed on M/s. Akay Cones Pvt. Ltd. and duty of Rs. 3,44,528/ - and penalty of the same amount has been imposed on M/s. Intrade Impex Pvt. Ltd.

(3.) LD . Counsel, appearing on behalf of the applicants, submits that the applicants made import of nylon tericot flocking fabrics and availed the benefit of Notification No. dated 1 -3 -1997. The notification provides concessional rate of duty to the goods capable of being used as insole sheets in leather industry. He submits that the demand is confirmed only on the ground that the goods imported by them were not capable of being used as insole sheets in leather footwear industry. His submission is that the revenue is relying upon the report of the CLRI, Chennai, which is in respect of some other consignment. The revenue also relied upon the opinion provided by the Indian Institute of Leather Products (IIPL), Chennai.