1996 (11) TMI 215 - AT - Customs

Summary

Issues: Classification of imported machinery and accessories under specific tariff headings.

In this judgment by the Appellate Tribunal CEGAT, New Delhi, the appellant's appeal arose from the rejection by the Collector (Appeals), Bombay of their claim for the assessment of various imported machinery and accessories under a specific tariff heading. The lower authorities had denied the claim, stating that only composite machines should be classified under one heading based on their primary functions and not the entire plant.

The appellant argued that the imported machines and accessories were designed to work together for the manufacture of welding electrodes and did not have separate individual functions. They presented an integrated extrusion line diagram to demonstrate that the machines in question were interdependent and used together. However, the Collector concluded that the imported goods performed individual functions in the manufacturing process and could not be considered as a machine designed for the production of a commodity.

The appellant's representative contended that the machines should be classified together as they were essential for the manufacturing process. They also argued that the claim for reclassification of the extrusion press should not be time-barred, citing relevant judgments to support their position. On the other hand, the Department argued that each machine should be designed for the production of a commodity to fall under a specific tariff heading.

The Tribunal referred to a previous case where it was held that machines under a particular tariff heading must be designed for the production of a commodity and not merely for finishing or processing materials. Based on this precedent, the Tribunal found that the imported machinery and accessories were performing individual functions in the manufacturing process and were not solely designed for the production of a commodity.

Regarding the claim for reassessment of the hydraulic extrusion press under a different tariff heading, the Tribunal allowed this claim to be remanded to the lower authorities for further consideration, as it was raised for the first time before the Tribunal and did not change the cause of action. The Tribunal rejected the appellant's claim for reclassification of certain items but granted a reassessment for the hydraulic extrusion press and its accessories. The appeal was disposed of accordingly.