1995 (12) TMI 128 - AT - Customs

Summary

Issues: Classification of imported auto-pasters under notification 114/80 as parts or accessories of a WEB printing machine.

In this case, the appellants imported auto-pasters, claiming them to be parts of a WEB printing machine eligible for the benefit of Notification 114/80. The appellants argued that the auto-pasters were essential components of the machine and should be classified under the same heading as the machine. However, the Assistant Collector and the Collector (Appeals) rejected their claim, stating that the auto-pasters were accessories and not parts of the machine. The authorities highlighted that the original contract for the machine did not mention the supply of auto-pasters, and the proforma quotation treated them as optional supplies. The appellants contended that the auto-pasters were parts, not accessories, and submitted photographs to support their argument. They also emphasized that the machine itself was eligible for the notification, and therefore, the parts should also benefit from it. The appellants acknowledged that a specific notification covering parts was issued later, not at the time of importation. The Departmental Representative argued that the auto-pasters were accessories, imported separately two years after the machine, and were not covered by the notification. The Tribunal noted that the auto-pasters were classified under the same heading as the main machine but observed that the notification did not include auto-pasters in the list of eligible goods. The Tribunal upheld the lower authorities' decision, concluding that the auto-pasters did not qualify for the notification's benefit as they were neither specified in the Table nor covered under the main machine's entry. The appeal was dismissed based on these findings.