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Issues:
Interpretation of Notification No. 125/86 regarding benefit eligibility for imported filling and sealing machine for thermo-formed cups under Heading 8422.30 of the CTA, 1975. Detailed Analysis: Issue 1: Interpretation of Notification No. 125/86 The Appellate Tribunal considered whether the imported Gasti filling and aluminium lid sealing machine for thermo-formed cups is eligible for the benefit of Notification No. 125/86 at Sl. No. 25, which covers "filling for thermo formed trays and top sealing machines." Issue 2: Eligibility for Benefit of Notification The appellant argued that the top sealing machine imported falls within the scope of the relevant entry of the notification, as it is a top sealing machine eligible for the benefit. However, the Tribunal disagreed, stating that the notification covers only machines for filling and top sealing of thermo formed trays specifically, excluding other types of containers. Issue 3: Comparison with Subsequent Amendment The Tribunal highlighted the subsequent addition of Sl. No. 47 to Notification 125/86, which extended the benefit to machinery for lid sealing of trays/cups made from paper board or plastics. This addition indicated a distinction between machines for lid sealing of trays and cups, which was not present when the appellants imported the disputed item. Issue 4: Tribunal's Decision Based on the discussion, the Tribunal concluded that the benefit of the notification is not available to the imported machine, upholding the impugned order and rejecting the appeal. Issue 5: Reference to Previous Judgments The appellant referenced previous judgments, including the Supreme Court's observation on strict construction of exemption notifications. However, the Tribunal emphasized the need to interpret the notification as a whole and noted the distinction made between various containers in separate entries. Issue 6: Machine Capabilities The Tribunal examined the description of the imported machine as a filling and aluminium lid sealing machine for thermo-formed cups. It was noted that the machine could perform both filling and sealing functions for cups but lacked evidence of top sealing thermo-formed trays as specified in the notification. Issue 7: Distinction in Notification Entries The Tribunal highlighted separate entries in the notification for filling and sealing machines meant for different types of containers, demonstrating a clear distinction between machines for various container types. Issue 8: Conclusion Ultimately, the Tribunal concluded that the benefit of the notification under Entry No. 25 covers only machines capable of filling and sealing thermo-formed trays specifically, excluding other container types. Therefore, the imported machine for thermo-formed cups was deemed ineligible for the notification's benefit.
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