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Issues: Classification of imported transformer bushings under Customs Act, 1962.
Issue 1: Classification of Transformer Bushings The case involved the classification of imported transformer bushings under the Customs Act, 1962. The dispute arose when the Asst. Collector of Customs assessed the bushings under Heading 85.18/27(1) instead of Heading 85.01(1) or 85.18/27(7) as claimed by the appellants. The Appellate Collector upheld the original assessment, stating that the bushings were not part of transformers but were meant for high voltage circuit breakers, falling under Item 85.18/27(1). The appellants argued that the bushings were essential components of transformers of 66 KV and above, supported by industry standards and catalog descriptions. The Tribunal considered the function and design of the bushings, ultimately agreeing with the Department's classification under Heading 85.18/27(1) as insulators for high voltage circuit breakers. Issue 2: Applicability of Additional Duty of Customs The appellants also raised the issue of the additional duty of customs (c.v.d.) levied on the transformer bushings. While the orders did not specifically address this claim, the Departmental Representative did not object to it. The Tribunal noted that the primary dispute revolved around whether the bushings qualified as insulators, with the c.v.d. being incidental due to their porcelain content. Consequently, the Tribunal decided not to deny the benefit of assessment under Item 68 CET to the appellants, allowing their appeal on this specific aspect. In conclusion, the Tribunal upheld the classification of the transformer bushings as insulators under Heading 85.18/27(1) and granted relief to the appellants regarding the additional duty of customs under Item 68 CET. The judgment provides a detailed analysis of the classification criteria, industry standards, and the functional purpose of the imported bushings, emphasizing the importance of accurate classification under the Customs Act, 1962.
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