HINDALCO INDUSTRIES LTD. Vs. COMMISSIONER OF CUSTOMS

JUDGEMENT

(1.) THESE appeals have been filed by appellant M/s. Hindalco Industries Ltd. Dahaj, Bharuch, as well as the Revenue against OIA No. 34 to 36/2014 -cus/Commissioner (A)/AHD dated 21.01.2004.

(2.) SH . T. Vishwanathan. (Advocate) and Sh. Manish Jain (Advocate) appeared on behalf of the appellant and also filed written submission Sh. T. Vishwanathan (Advocate) argued that appellant imported copper concentrates failing under CTH 2603 00 00 and claimed the benefit of Notification No. Dated 01/03/2011. That as per this exemption notification an assay certificate from the mining company is required to be furnished for getting deduction of the value of gold & silver content contained in the copper concentrate. That appellant is getting copper concentrate directly from the mining companies as well as through the traders. That the assay certificate available at the time of import from the mining company is provisional. That samples are taken at the time of import for finding final content of gold & silver by the mining company or the trader as the case may be. That the final assay certificate given by the mining company as well as the trader may contain gold & silver content more or less than what was available in the provisional assay certificate. That in the case of Import directly from the mining company the final certificate given by mining company is considered for finalization of value and also the benefit of Notification No. dated 01/03/2011 is extended. That when the import is made through the trader the final certificate given by the trader is not given effect as Notification No. Dated 01/03/2011 talks of only assay certificate given by the mining company. It is thus the case of the appellant that the final assay certificate given by the trader should be taken into consideration while giving value deduction an account of gold & silver. It was also the case of the appellant's advocate that benefit of Notification No. Dated 01/03/2011 can not be denied.

(3.) HEARD both sides and perused the case records. For better appreciation of the issue Notification No. dated 01/03/2011 is reproduced below: - -