1983 (1) TMI 253 - AT - Customs

Summary

Issues: Import duty refund claim for glass tubes shortage and reclassification of goods for TV picture tubes manufacturing.

Analysis:

1. Short-supply of Glass Tubes:
The appellants imported glass tubes for television tubes manufacturing. They claimed a refund for shortages in the consignment. The Assistant Collector partially allowed the refund claim but rejected the claim for re-assessment of the goods. The Appellate Collector upheld the rejection, stating lack of further evidence for shortages and untimely plea for re-assessment. The Tribunal found evidence of short-supply of 125 glass tubes, which the Department also conceded. Consequently, the Tribunal allowed the appeal on this ground, directing a refund of the duty involved within two months.

2. Reclassification and Exemption Notification:
The appellants argued that the glass tubes were specially designed for TV picture tubes and should be classified under a different tariff item. They relied on a notification exempting glass shells for TV picture tubes from excess customs duty. However, the notification was issued after the importation of the goods in August 1974. The Tribunal held that exemption notifications do not have retrospective application. Additionally, the goods, being glass shells not yet fabricated into TV tubes, did not qualify as parts of wireless reception apparatus for reclassification under a different tariff item. Thus, the Tribunal rejected the plea for reclassification and upheld the original classification under Item 60 of the Indian Customs Tariff Schedule.

3. Conclusion:
The Tribunal partly allowed the appeal, granting a refund for the short-supplied glass tubes but rejecting the plea for reclassification based on the exemption notification's timing and the nature of the imported goods. The decision was made in consideration of the evidence and legal provisions, ensuring a fair resolution of the import duty refund claim and classification dispute.