We imported insoluble sulphur from Germany. There was dispute regarding classification. Our classification has not been accepted by Department. But the goods have been cleared on payment of duty under protest. We have filed appeal against the BOE. But appeal has been dismissed on the ground that we should have obtained a speaking order u/s 17(5) of the Act. After clearance we should have applied for speaking order. In the absence of such an order it is deemed that we have accepted the changed classification in spite of the protest. Is the stand of the appellate authority correct ?
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Classification
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YES THE RIGHT PROCESS IS THAT YOU SHOULD HAVE DEMANDED A SPEKING ORDER FROM DEPT, THEY ARE BOUND TO GIVE THE SAME WITHIN 15 DAYS, AGAINST THAT SPEAKING ORDER YOU SHOULD HAVE FILED AN APPEAL.
NOW, SINCE DUTY PAYMENT IS DONE UNDER PROTEST, THIS DOES NOT HAVE ANY TIME BOUNDATION, SO YOU CAN STILL GET A SPEAKING ORDER , POST GETTING THE SAME YOU CAN FILE AN APPEAL
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