1995 (3) TMI 209 - AT - Customs

Summary

Issues Involved:
1. Denial of Exemption Notification No. 145/77-Cus.
2. Classification of para-wings and accessories.
3. Applicability of HSN Explanatory Notes.
4. Interpretation of terms "aeroplane" and "glider" under Aircraft Rules.
5. Eligibility for concessional rate of duty under Notification No. 145/77-Cus.

Detailed Analysis:

1. Denial of Exemption Notification No. 145/77-Cus.
The core issue revolves around the denial of the benefit of Exemption Notification No. 145/77-Cus. to the appellants. The Collector of Central Excise (Appeals) upheld the Assistant Collector's decision, stating, "the denial of Exemption Notification No. 145/77-Cus. to the appellants appears to be correct in law."

2. Classification of Para-wings and Accessories
The Assistant Collector classified the para-wings and accessories as parts of Powered Hang Gliders, not as parts of Aeroplanes, thus denying the benefit of Notification No. 145/77-Cus. The appellants argued that their products should be classified under Chapter Heading 8803.30 for parts of aeroplanes, which would make them eligible for the concessional rate of duty under the said notification.

3. Applicability of HSN Explanatory Notes
The appellants cited the HSN Explanatory Notes, which state, "Gliders fitted with or designed to be fitted with an engine are classified in Heading 88.02." They argued that this classification should apply to their products. However, the lower authorities did not consider these notes relevant to the exemption notification.

4. Interpretation of Terms "Aeroplane" and "Glider" under Aircraft Rules
The Aircraft Rules define "Aeroplane" as a power-driven heavier-than-air aircraft deriving its lift from aerodynamic reactions on fixed surfaces. "Glider" is defined similarly but is non-power driven. The Collector distinguished between aeroplanes and Powered Hang Gliders, noting that parawings do not remain fixed under given flight conditions, a crucial factor for classification under the exemption notification.

5. Eligibility for Concessional Rate of Duty under Notification No. 145/77-Cus.
The Tribunal examined whether the imported Powerchutes qualify for the concessional rate of duty. The notification covers aeroplanes, aeroplane parts, aeroplane engines, aeroplane engine parts, and rubber tyres and tubes used exclusively for aeroplanes. The Tribunal concluded that although Powered Hang Gliders could be classified under Chapter Heading 88.02, their parts do not automatically qualify for the exemption unless they meet the specific terms of the notification.

Conclusion:
The Tribunal held that the benefit of Notification No. 145/77-Cus. is not admissible to the Powerchutes imported by the appellants, as they do not conform to the description of goods specified in the notification. The appeal was thus rejected, affirming the decisions of the lower authorities.