1978 (1) TMI 77 - HC - Central Excise

Summary

Issues:
1. Classification of imported machinery under Indian Customs Tariff.
2. Assessment of customs duty at 35% under Item 72(b) versus 10% under entry No. 72(15).
3. Rejection of claim for reassessment by Assistant Collector of Customs.
4. Appeal to Collector resulting in assessment at 10% and refund order.
5. Show-cause notice for annulment of Collector's order.
6. Writ petition to quash the order based on classification and assessment.

Analysis:
1. The petitioner imported a plastic footwear injection molding machine for manufacturing boots and shoes, assessed at 35% ad valorem under Item 72(b) of Indian Customs Tariff. The petitioner claimed it should be assessed at 10% under entry No. 72(15) and appealed the initial assessment.

2. The petitioner argued that the machinery is boot and shoe making machinery falling under entry No. 72(15), emphasizing its essential use for making boots and shoes. The revisional authority's classification was challenged as perverse, especially regarding the classification of chappals as 'Open Shoe.'

3. The respondents contended that the machinery comprises distinct parts with specific functions, justifying its classification under Item 72(b). They highlighted the Government of India's initial classification and subsequent duty reduction to 10%, supporting their argument.

4. The court noted the Brussels Nomenclature on boots and shoes machinery, limiting classification under 72(15) to specific machinery mentioned. The petitioner's machinery's capability to produce chappals was a key point of contention in the classification debate.

5. The court found the reasoning behind the revisional authority's decision flawed, emphasizing that the classification under 72(15) is descriptive and not limited by the machinery's capability to produce chappals. The court set aside the impugned order and remitted the matter for fresh disposal, directing a detailed consideration of all aspects.

6. The court concluded that the authority should not base its decision solely on the machinery's capability to produce chappals, emphasizing the need for a comprehensive assessment considering all relevant factors. The impugned order was quashed, and the matter was remitted for fresh disposal by the revisional authority.