Home Case Index All Cases Customs Customs + AT Customs - 1996 (7) TMI AT This
Issues: Determination of whether imported goods qualify as parts for manufacture of electronic equipment under a specific customs notification.
In this case, the appellants imported goods claiming them to be parts for the manufacture of electronic equipment, seeking a concessional rate of duty under a particular customs notification. The Collector of Customs, however, deemed these parts as finished products in themselves and denied the concessional rate. The appellants argued that even if the parts were finished products, they were used in the manufacture of electronic equipment, supported by a certificate from the Department of Electronics. The Tribunal noted that the Collector's orders were lacking in detail and emphasized that a part, even if a finished product, could still be used in manufacturing another product. The Tribunal highlighted the necessity to determine whether the imported goods were used for manufacturing electronic equipment as per the notification's requirements. The technical opinion provided by the Department of Electronics was deemed crucial, and the Tribunal held that the Collector could not disregard it without valid reasons. Consequently, the matter was remanded to the original adjudicating authority for a fresh assessment to ascertain if the goods were indeed used in manufacturing electronic equipment as per the notification's criteria. The Tribunal also rejected the notion that the Department of Electronics' certificate was merely recommendatory, emphasizing its significance in line with the customs notification conditions. The impugned order was set aside, and the matter was remanded for further consideration in accordance with the Tribunal's directions. Given the remand of the appeals, the Tribunal urged for an expeditious resolution of the matter to ensure timely adjudication.
|