9911796707
TMI Blog1995 (9) TMI 165X X X X Extracts X X X X X X X X Extracts X X X X ..... ntrolled Universal Machine Tool and one CNC Milling Machine with Electrical Equipment along with accessories totally valued at Rs. 5,91,298/-. The goods were classified under sub-heading 8459.31 of the Customs Tariff Act, 1985. The importers claimed the clearance of the imported CNC-5 Universal Machine valued at Rs. 2,16,561 and CNC Milling Machine with electrical equipment valued at Rs. 3,14,782 along with accessories for the machines valued at Rs. 1,57,852 in terms of Notification No. 229/88, dated 1-8-1988 against the Pass Book issued to them for the import of Scientific and technical instruments, apparatus and equipments. The Assistant Collector vide his order dated 24-8-1992 denied the exemption under Notification 229/88 in respect of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otification. He argued that the value of each machine along with accessories being below Rs. 5 Lakhs, each one of them had to be deemed as covered by the Notification. On these grounds he pleaded that the impugned order may be set aside. 3. On behalf of the respondent, Shri A.K. Singhal, JDR reiterated the finding of the Collector (Appeals) and contended that for the purpose of condition (f) of the notification the aggregate value of the machines which fell in the category of `Machine Tools was relevant. He contended that there was no infirmity in the impugned order and pleaded for rejection of the appeal. 4. We have examined the records of the case and considered the submissions made on behalf of both sides. For the proper appreciatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ling under any of the category, namely, instruments, apparatus, equipment, accessories, spare parts, the value of a single or individual item should not to exceed Rs. 5 lakhs. Only in respect of consumable goods....... it has been specified that the aggregate CIF value of any single item of consumable goods shall not to exceed Rs. 5 lakhs in a particular year. 5. In view of the foregoing we hold that each of the two imported machines along with their accessories, equipments were to be treated for the purpose of condition (f) of Notification No. 229/88 as separate items and they were eligible for the exemption under the notification since the value of each of them taken separately or individually was not in excess of Rs. 5 lakhs. 6. In v ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
