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1982 (12) TMI 211 - AT - Customs

Issues: Classification of goods under Customs Tariff Act, 1975.

The judgment pertains to a Revision Application filed by the Controller of Stores, Central Railways, Bombay, challenging an Appellate Order rejecting their appeal for re-assessment of certain goods. The appeal specifically concerns the classification of a "Control Transformer" under the Customs Tariff Act, 1975. The goods were initially assessed under a specific sub-heading and duty rate, but the appellants sought reclassification under a different sub-heading. The Assistant Collector of Customs rejected the claim due to lack of supporting documents. The Collector of Customs (Appeals) upheld the rejection based on the transformer's voltage rating being below 400 volts, making it ineligible for the desired classification. The Revision Application was transferred to the Appellate Tribunal for consideration as an appeal.

The appellant argued that the transformer should be classified under a different sub-heading based on the input voltage being 415 volts, despite the output voltage being 380 volts. However, during the appeal hearing, the appellant's representative failed to provide sufficient evidence or arguments to support the claim. The representative was unable to substantiate the grounds mentioned in the Revision Application and could not effectively engage with the Tribunal's queries. Consequently, the Tribunal found no legal or factual flaws in the Collector of Customs (Appeals) orders and concluded that the appeal lacked merit. The Tribunal advised the Central Railways to send a qualified officer familiar with the case details to future hearings instead of unqualified individuals like the appellant's representative.

Ultimately, the Tribunal dismissed the appeal, emphasizing the importance of presenting well-prepared and knowledgeable representatives during legal proceedings to facilitate a more effective and informed decision-making process.

 

 

 

 

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