2024-VIL-450-CESTAT-DEL-CU
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CUSTOMS CESTAT Cases

Customs – Import of goods – Classification – Appellant filed Bills of Entry for clearance of goods declared as "gold coins (other than legal tenders)" imported from South Korea – Appellant classified goods under Customs Tariff Heading (CTH) 7114 1910 and claimed benefit of Nil rate of Basic Customs Duty under Notification no.152/2009 – Commissioner classified impugned goods under CTH 7118 9000 and ordered for confiscation of goods for violating guidelines issued by RBI – Whether gold coins imported by Appellant fall under CTH 7114 1910 as claimed by Appellant or under CTH 7118 9000 as claimed by department – HELD – CTH 7114 covers all articles of gold including articles of goldsmith or silversmiths’ wares and parts thereof – CTH 7118 applies to coins of any metal including precious metals, but coin should be such as shall be issued under Government control for being used as legal tender – Though coins of non legal tender are also covered in CTH 7118, but these coins should not be of gold – Imported gold coins being coins of non legal tender cannot be covered under CTH 7018 and these being articles of precious metals are held to be covered under CTH 7114 – Appeal allowed - Payment of duty – Entitlement of exemption – Whether exemption from payment of Customs duty is available to Appellant with respect to imported gold coins in terms of Notification No.152/2009 as amended by Notification No.66/2016 – HELD – Gold coins in question have been imported from Korea – Reserve Bank of India issued a circular No.79 dated 18-2-2015 specifically removing prohibition from import of gold coins and medallions which were prohibited prior to February 2015 – Only such coins as are classified under CTH 7118 were restricted – Gold coins imported by Appellant are not the restricted goods – Appellant is entitled for exemption from payment of customs duty in terms of Notification No.152/2009 as amended by Notification No.66/2016 – Impugned order under challenge set aside.
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