1997 (4) TMI 194 - AT - Customs

Summary

Issues:
1. Appeal against the Order vacating show cause notices for importation of "Hook and Eye Stitching Machine."
2. Determination of whether "Hook and Eye Stitching Machines" and "Hook and Bar Setting Machines" are distinguishable.
3. Application under Section 129 for Tribunal's determination.

Analysis:
1. The appeal was filed by the Commissioner of Customs against the Order vacating show cause notices issued to the respondent company for importing "Hook and Eye Stitching Machine" under Project Import Regulation. The Commissioner dropped the proceedings, holding that the machine was covered under OGL and correctly assessed under Project Import provisions, leading to no short-levy of Customs Duty.

2. The main issue was whether "Hook and Eye Stitching Machines" and "Hook and Bar Setting Machines" are different. The Department argued they were distinct based on a clarification from the Textiles Commissioner. However, the adjudicating authority analyzed definitions from dictionaries and concluded that the two types of machines are synonymous, performing the same function of fastening.

3. The Tribunal considered the definitions of hook, bar, and eye in dictionaries and upheld the adjudicating authority's decision. It noted that the Textile Ministry's opinion obtained after adjudication could not be the basis for review. The Tribunal emphasized that the function of both machines was the same, and the machines were not different merely because of the way the hook fastened.

4. Ultimately, the Tribunal held that the "Hook and Eye Stitching Machine" was covered under the relevant provisions, and the concessional rate of duty applied. The Department's appeal was rejected, upholding the impugned Order. The Tribunal's decision was based on the analysis of the definitions and functions of the machines, concluding that they were not distinguishable despite the Department's contentions.