1995 (9) TMI 165 - AT - Central Excise

Scientific and technical instruments and apparatus imported by Research Institutes/Universities

Summary

Issues:
Classification of imported goods under Notification No. 229/88 for exemption. Interpretation of condition (f) of the notification regarding the value limit of imported items.

Analysis:
The appeal before the Appellate Tribunal CEGAT, New Delhi involved the classification of imported goods under Notification No. 229/88 for exemption and the interpretation of condition (f) of the notification regarding the value limit of imported items. The appellants imported Emco Compact 5-CNC Computer Numerically Controlled Universal Machine Tool and a CNC Milling Machine with Electrical Equipment along with accessories valued at Rs. 5,91,298 under Bill of Entry No. 003838. The Assistant Collector denied the exemption under Notification 229/88 due to the expiry of the validity period of the pass book. The Collector (Appeals) acknowledged the validity of the pass book on the date of goods arrival but held that the imported machines exceeded the value limit allowed under the notification.

Dr. Nanjundaram, representing the appellants, argued that each machine should be considered a separate item for the purpose of condition (f) of the notification, as the value of each machine along with accessories was below Rs. 5 lakhs. On the other hand, Shri A.K. Singhal, JDR for the respondent, contended that the aggregate value of the machines categorized as 'Machine Tools' was relevant for the notification's condition.

The Tribunal examined Notification No. 229/88, dated 1-8-1988, and noted that the condition (f) specified that the CIF value of any single item should not exceed Rs. 5 lakhs for instruments, apparatus, equipment, accessories, and spare parts. It clarified that consumable goods had a separate provision regarding the aggregate CIF value. The Tribunal concluded that each of the imported machines, along with their accessories, should be treated as separate items for the purpose of the notification. Since the value of each item was below Rs. 5 lakhs individually, they were eligible for the exemption under the notification.

Therefore, the Tribunal set aside the impugned order and allowed the appeal in favor of the appellants, providing them with consequential relief.