VidhiSangh

Supreme Court of India · 11/07/2022

COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE, AMRITSAR (PUNJAB) versus M/S D.L. STEELS ETC

[2022] 17 S.C.R. 151 · 2022 INSC 666

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Summary

Importers of anardana (dried pomegranate seeds) from Pakistan classified it under sub-heading 1209.99.90 of the Customs Tariff (seeds of a kind used for sowing, 5% duty); the Revenue claimed Heading 0813 (dried fruit of Headings 0807 to 0810, 30%), pomegranate being listed under Heading 0810. The Commissioner (Appeals) and the CESTAT accepted the importers' classification on the finding that anardana is made from wild 'daru' pomegranate, a sour hill fruit not eaten fresh, and the Import Policy's note that 'import of pomegranate seeds will be free' under 1209.99.00. The Supreme Court dismissed the Revenue's appeals. Explaining the Harmonised System and its General Rules of Interpretation, the Court held that Chapter 8 covers only edible fruit as understood in common parlance;

Issues

  1. Whether anardana, dried seeds of wild pomegranate, is classifiable as 'dried fruit' under Heading 0813 of the Customs Tariff Act, 1975 or as seeds under sub-heading 1209.99.90.
  2. How the Harmonised System headings, Chapter Notes, Explanatory Notes and General Rules of Interpretation are to be applied, and what meaning 'edible' in Chapter 8 bears.
  3. On whom the burden lies when the Revenue challenges the classification adopted by the assessee.

Provisions considered

Held

Result

Revenue's appeals dismissed; classification of anardana under sub-heading 1209.99.90 as held by the Commissioner (Appeals) and the CESTAT upheld. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 17 S.C.R. 151.