1999 (9) TMI 245 - AT - Customs

Summary

Issues:
Classification and assessment of lubrication pump with front connected suction filters as a 'lubricating unit' imported by the appellants under Customs Tariff Act, 1975. Eligibility for exemption under Notification 156/86.

Classification Issue:
The appeal challenged the Order-in-Appeal regarding the classification of a lubricating unit imported by the appellants. The Collector (Appeals) classified the item under Heading 84.79.89, denying exemption under Notification 156/86. The appellant argued that the unit, designed for an ELB surface grinder, was essential for its operation and specifically manufactured to fit only that machine. The technical write-up confirmed its dual functions of supplying lubrication and controlling hydraulic functions of the grinder. Citing precedents like Metal Impacts Pvt. Ltd. v. CCE and Jindal Strips Ltd. v. CCE, the appellant contended that the unit should be classified under 8466.93 as a component part eligible for exemption.

Component or Spare Part Issue:
The Tribunal analyzed whether the lubricating unit should be considered a spare part or a component of the grinding machine. The technical write-up emphasized the unit's specific design for the ELB surface grinder, essential for its operation and controlled by the machine's timer. Referring to previous decisions and Ministry comments, the Tribunal concluded that the unit was a component of the machine tool, as it was necessary for its operation and specifically designed for it. Citing Metal Impacts and Jindal Strips cases, the Tribunal held that the unit qualified as a component part under Customs Tariff Act, 1975, classifiable under 8466.93, making it eligible for the exemption under Notification 156/86.

Exemption Eligibility Issue:
The final issue revolved around the eligibility of the lubricating unit for exemption under Notification 156/86. Considering the unit as a component part of the grinding machine, the Tribunal applied the precedents of Metal Impacts and Jindal Strips cases, which held that component parts of machine tools were entitled to the exemption. Therefore, the Tribunal concluded that the exemption under Notification 156/86 would be available to the imported item. Consequently, the impugned order was set aside, and the appeal was allowed with consequential relief as per law.