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Issues: Duty liability on free replacement sections of Autocoro for open and rotor spinning machines.
In the appeal filed by M/s. Thirumagal Mills Ltd., the issue revolved around the duty liability on free replacement sections of Autocoro for open and rotor spinning machines. The Collector of Customs (Appeals), Madras, had passed an order-in-appeal which was challenged by the appellants. The matter stemmed from the import of autocoro 192 rotors, where two sections of the machine were found damaged after Customs clearance and payment of duty. The suppliers provided free replacement parts compensated through insurance cover. Customs disallowed the benefit of Notification No. 71/87-Cus., stating it applied only to complete machines, not parts, and classified the replacement parts under a different sub-heading than the main machinery. Advocate Shri G. Umapathi, representing the appellants, argued that the imported sections were replacement parts, supported by documents, and sought the extension of the benefit of Notification No. 71/87-Cus. without contesting duty payment. On the other hand, Shri A.K. Agarwal, SDR for the respondents, contended that the parts were correctly classified under a separate heading and not eligible for the notification's benefit. The Tribunal, after careful consideration, noted that the imported parts were free replacements for the damaged sections of the main machine, already granted the benefit of Notification No. 71/87-Cus. It observed that the import was not independent but necessary for the functioning of the main machines. The exemption under the notification had conditions, including exporting goods of a certain value within a specified period, which the damaged machines could not meet without the replacement parts. Consequently, the Tribunal concluded that the free replacement parts were eligible for the benefit of the notification based on the circumstances and the language of the exemption. Therefore, the appeal filed by the appellants was allowed, determining that the free replacement parts imported were entitled to the benefit of Notification No. 71/87-Cus., dated 1-3-1987.
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