1987 (3) TMI 301 - AT - Central Excise

Summary

Issues:
1. Jurisdiction of the Tribunal over Revision Application transferred from Additional Secretary
2. Classification of imported goods under Customs Tariff Act, 1975
3. Failure of appellants to provide necessary documents and representation during the hearing

Analysis:
1. The Tribunal was tasked with deciding on a Revision Application transferred from the Additional Secretary, concerning the classification of imported goods under the Customs Tariff Act, 1975. The appellants, represented by Mackinnons Forwarding Service, contested the assessment of rims for an aero tyre retreading machine under heading 84.59(1), seeking a refund under heading 84.59(2). The Assistant Collector and the Appellate Collector had both rejected the refund claim due to lack of substantiating documents. The Tribunal was now to treat the Revision Application as an appeal and make a determination.

2. The hearing notice was duly sent to the clearing agents and importers, but only the former acknowledged receipt and submitted documents. During the hearing, no representation was made on behalf of the appellants, nor was any application for adjournment filed. The learned SDR for the respondents argued that the imported items did not fall under the category specified in heading 84.59(2) which pertains to specific machinery types, as opposed to the general category of 84.59(1) covering machines with individual functions. The SDR contended that the appellants failed to provide necessary documentation to support their claim, leading to the dismissal of the appeal.

3. The Tribunal, after considering the arguments and examining the records, found that the imported parts for the aero tyre retreading machine did not align with the criteria for classification under heading 84.59(2) as contended by the appellants. Consequently, the Tribunal upheld the decisions of the lower authorities and confirmed that the parts were correctly assessable under heading 84.59(1) of the Customs Tariff Act, 1975. As a result, the appeal was dismissed, and the Tribunal's decision was pronounced in open court.