1987 (3) TMI 340 - AT - Customs

Summary

Issues:
1. Condonation of delay in filing the Revision Application.
2. Classification of imported goods under Customs Tariff Act, 1975.
3. Entitlement to benefit under Notification No. 394/76-Cus., dated 2-8-1976.

Analysis:
1. The appellant sought condonation of delay in filing the Revision Application due to the need to secure information from suppliers. The Tribunal, after considering the appellant's reasons and the respondent's no objection, condoned the delay as the appellant was prevented by sufficient cause under the Customs Act, 1962.

2. The dispute centered on the classification of imported equipment for servicing and testing purposes. The appellant claimed the items fell under Heading 90.24(1) for measuring flow in engine testing, while the authorities classified them under Heading 90.16(1) as multi-purpose apparatus. The Tribunal analyzed the functions of the items and relevant provisions, ultimately determining that the goods fit under Heading 90.16(1) for measuring or checking instruments, entitling the appellant to benefit under Notification No. 394/76-Cus., dated 2-8-1976.

3. The respondent argued against the appellant's classification, asserting the goods were correctly under Heading 90.16(1) for testing fuel injection equipment. Reference was made to the Customs Co-operation Council Nomenclature (CCCN) and explanatory notes to support this position. However, the Tribunal found the imported goods aligned with Heading 90.16(1) based on their function as measuring or checking instruments, rejecting the respondent's contentions.

Conclusion:
The Tribunal set aside the previous order, allowing the appeal and directing the revenue authorities to implement the decision. The appellant was deemed entitled to the benefit of Notification No. 394/76-Cus., dated 2-8-1976, based on the correct classification of the imported goods under Heading 90.16(1) of the Customs Tariff Act, 1975.