Date: |
03-10-1997
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Notification No: |
Central Excise Circular No 338/1997
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Issuing Authority: |
Central Excise
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Type: |
Circular
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File No: |
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Subject: |
Regarding import of 'Acrylamide' for use in the manufacture of leather goods i.e. shoe uppers, leather bags etc., meant for export - Levy of customs duty - Clarification
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Regarding import of 'Acrylamide' for use in the manufacture of leather
goods i.e. shoe uppers, leather bags etc., meant for export - Levy of customs
duty - Clarification
Circular
No. 338
dated 3rd October 1997
I
am directed to say that some of the importers imported 'Acrylamide' and claimed
duty free clearance under Notification No. 203/92-Cus as 'Synthetic Adhesive'
for use in the manufacture of leather goods i.e., shoe upper, leather articles,
bags etc. In one of the cases, that Asstt. Commissioner of Customs as rejected
the claims of the importers for duty free clearance of 'Acrylamide' but
subsequently the importers have managed to get favourable order at the level of
Commissioner of Customs (Appeals) reportedly by misrepresenting the facts.
The
Department has agitated the matter before CEGAT but the CEGAT has dismissed the
Department's Appeal on the ground of delay in filing the Appeal. The Department
has finally filed a Civil appeal before the Hon'ble supreme Court of India.
The
Central Intelligence Unit of the Mumbai Custom House based on intelligence had
made investigation into the duty free clearance of 'Acrylamide' as 'Synthetic
Adhesive' in DEEC against leather goods advance licences. The Central
Intelligence Units has reported that the importers of 'Acrylamide' has wrongly
availed of Customs Duty exemption by not only misrepresenting the facts but also
on the basis of manipulated/ fabricated documents. The opinion of Central
Leather Institute of Madras had been obtained which goes to show clearly that 'Acrylamide'
is neither a 'Synthetic Adhesive' nor is used as 'Adhesive' in the manufacture
of leather goods.
The
matter has been examined by the Board on the merits of the case. The Department
has preferred an appeal before the Hon'ble Supreme Court in this case. In the
meanwhile, it is clarified that 'Acrylamide' is not entitled to the benefit of
Customs Duty exemption under Notification No. 203/92-Cus as claimed by the
importers.
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