1986 (1) TMI 263 - AT - Customs

Summary

Issues: Classification of imported items - Digital Function Generator and Digital Read Outs under specific headings; Benefit of Notification No. 172/77-Cus dated 8th August, 1977; Interpretation of technical aspects and relevant tariff headings.

In this case, the appellants imported Digital Function Generator and Digital Read Outs, seeking classification under Heading 85.18/27(1) and Heading 90.29(1) respectively, with the benefit of Notification No. 172/77-Cus dated 8th August, 1977 for the Function Generator. The Assistant Collector classified the goods under heading 90.29(2) CTA, with countervailing duty under item 68 of the Central Excise Tariff. The Appellate Collector upheld this decision, stating that the items did not fall under Heading 85.18/27(1) and that the notification applied only to items under that heading. The appellants argued that the Function Generator acts independently, and the Read Outs merely display digital signals, not being parts of the main machine. The Department contended that both items were imported for use in a system, not independently, and referred to specific tariff headings for electrical appliances. The Deputy Manager highlighted that Signal Generators are included in Chapter 85, equating them to Function Generators.

Upon review, the Tribunal found the appellants' argument that the Function Generator is a Signal generator unsubstantiated, as no conclusive evidence was provided. They agreed with the Department's classification arguments based on the technical write-up and tariff headings. The Tribunal dismissed the appeal based on the Department's convincing classification arguments, emphasizing that the Function Generator did not meet the criteria of being a Signal generator. The judgment was pronounced in open court, upholding the classification under heading 90.29(2) CTA and dismissing the appeal.