G.T.NANAVATI, S.C.AGRAWAL
Northern Plastic: Northern Plastics LTD. , New Delhi – Appellant
Versus
Collector Of Customs & Central Excise: Collector Of Customs, Rajkot – Respondent
Judgment
Nanavati, J.-The appellant in both these appeals is Northern Plastics Limited. Civil Appeal No. 4196 of 1989 is filed against the order of remand dated 14.8.89 passed by the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as the ‘CEGAT’) in Customs Appeal No. 2092/89-C. Civil Appeal No. 3325 of 1990 is filed against the order dated 20.4.90 passed by the CEGAT in Customs Appeal No. 2720/89-C, which appeal was against the order of the Collector passed after the remand.
2. In January 1989 the appellant imported 59 jumbo rolls of Photographic Colour Films (Unexposed) Positive. On or about 11.1.89 it produced before the Deputy Collector of Customs, Kandla Port the documents required for clearance of the said goods wherein the goods were described as “Cinematographic Colour Films (Unexposed) Positive” falling under Customs Tariff Heading 3702.41 and the Central Excise Tariff Item 3702.20 and entitled to exemption of customs duty under Notification No. 52/86 read with Notification No. 157/88-Customs and of countervailing duty under Notification No. 50/88-C.Ex. Clearance of the goods were sought under OGL, the imported goods being Item No. 186(1) of P
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