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1998 (10) TMI 165 - AT - Customs

Issues:
1. Classification of imported consignment of "Monotype System 3000 Phototype setting Installation with Accessories."
2. Whether the Dot Matrix Line printer should be assessed as an independent unit or as part of the main machine.
3. Application of Section Notes 3, 4 & 5 of Section XVI for classification.
4. Assessment of ribbons and spare parts pack separately.
5. Benefit of Notification No. 114/80 for the imported items.

Classification Issue:
The Revenue challenged the classification of the imported "Monotype System 3000 Phototype setting Installation" as one unit, arguing that the Dot Matrix Line printer should be considered an independent unit. The Collector (Appeals) held that the printer is essential for the main machine's functioning, based on technical literature and personal inspection. The Tribunal noted that the printer complements the main machine's work and should be classified under the same heading as the main machine, rejecting the Revenue's argument for separate classification under a different sub-heading.

Dot Matrix Line Printer Assessment:
The Revenue contended that the Dot Matrix Line printer is an optional accessory and should be assessed separately under a different heading. However, the Collector (Appeals) found that the printer is integral to the main machine's functioning, as it is necessary for proofreading and corrections. The Tribunal upheld this finding, emphasizing that the printer complements the main machine's work and should not be classified independently.

Application of Section Notes for Classification:
The Tribunal analyzed Section Notes 3, 4 & 5 of Section XVI, which state that machines consisting of multiple components performing complementary functions should be classified based on the main machine's principal function. Applying these notes, the Tribunal concluded that the printer should be classified along with the main machine, as it complements its function and does not independently perform automatic data processing.

Assessment of Ribbons and Spare Parts:
The Collector (Appeals) assessed ribbons and spare parts pack separately, as they were not considered part of the main machine. The Tribunal upheld this assessment, noting that these items did not form part of the main system and required separate classification.

Benefit of Notification No. 114/80:
The Tribunal referenced a previous judgment where parts imported were eligible for exemption when the main item was covered by a notification. In this case, the Tribunal found that the printer should be assessed along with the main machine under a specific sub-heading, and the benefit of the notification did not apply to the printer as an independent unit. The Tribunal rejected the Revenue's appeal, concluding that there was no merit in seeking separate classification for the printer.

 

 

 

 

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