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TMI Blog1995 (11) TMI 195X X X X Extracts X X X X X X X X Extracts X X X X ..... er : R. Jayaraman, Member (T)]. - This is an appeal from the Revenue against the order-in-appeal No. S/49-1592/84CL, dated 30-9-1985, allowing the appeal of the respondents. 2. The respondents who are engaged in the manufacture of zip fastners have imported a consignment of complete machinery consisting of a number of machines for manufacture of polyster zip fastners. As per the invoice, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der 84.59(2) of the erstwhile Tariff. The Collector(Appeals) accepted the classification claimed by the respondents and allowed the appeal. Shri Mondal's main plea is that even as per the description given in the invoice, each machine has got individual function and it cannot be said that each machine can be equated with zip manufacturing machine for classification under Heading 84.59(2). He refer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... modity, machinery for treating metals, wood or similar materials, for stripping and cutting of tobacco leaf or for cutting or rolling tea leaves; machines for mounting card clothing nuclear reactors." 5 From the above we observe that 84.59 covers all machines and mechanical appliances having individual functions and not falling under any other heading of Ch. 84. In this case, there is no dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... em, because these two machines having individual functions possibly are specified elsewhere and they might be capable of general use. In any case, merely because the respondents did not object to the Department's classification in regard to the two machines, it cannot be a ground for denying the classification in respect of other machines, admittedly designed to perform individual functions, which ..... X X X X Extracts X X X X X X X X Extracts X X X X
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