1987 (4) TMI 169 - AT - Customs

Summary

Issues:
Classification under Notification No. 237/83 for Magnetic Tape Drives and Winchester Drives.

Detailed Analysis:

Issue: Classification under Notification No. 237/83

The appellant, Infosys Consultants Pvt. Ltd., imported Magnetic Tape Drives and Winchester Drives and claimed the benefit of Notification No. 237/83. The Assistant Collector initially allowed the concession under the notification tentatively against a bond. However, upon review, the Assistant Collector rejected the claim stating that the drives were principally peripheral equipment for a computer and not specifically designed as machines for transcribing data onto data media in coded form. The Collector of Customs (Appeals) upheld this decision, leading to the appellant's appeal before the Tribunal.

Analysis:
The appellant's representative, Shri Shiv Kumar, argued that there was no dispute regarding the classification of the goods under Heading 84.51/55(2) of the Customs Tariff Act 1975. He contended that the only issue in question was the entitlement to the benefit of Notification No. 237/83. Shri Shiv Kumar emphasized the larger recording capacity of Winchester and Magnetic tape drives compared to floppy discs and referenced a previous Tribunal judgment in a similar case to support the appellant's position.

The respondent's representative, Shri J. Gopinath, did not dispute the facts or classification but reiterated arguments made in a previous case. He pointed out the absence of the term "machine" in the Bill of Entry and left the decision to the Tribunal based on a prior Bench order.

After considering the arguments and reviewing the facts, the Tribunal referenced a previous judgment involving a floppy disc drive to establish the applicability of Notification No. 237/83. The Tribunal noted that the function of the drives was to transcribe data onto data media in coded form, similar to the function of a floppy disc drive. Therefore, the Tribunal found no reason to deny the appellant the benefit of the earlier judgment and set aside the impugned order, directing the revenue authorities to give consequential effect to the decision.

In conclusion, the Tribunal ruled in favor of the appellant, allowing the appeal and granting the benefit of Notification No. 237/83 for the imported Magnetic Tape Drives and Winchester Drives based on the similarity of facts to a previous judgment involving a similar device.