9911796707
TMI Blog1997 (8) TMI 237X X X X Extracts X X X X X X X X Extracts X X X X ..... ayment of Rs. 2.50 lakhs in lieu of confiscation. The Collector of Customs imposed a penalty of Rs. 50,000/- under Section 112(a) of the Customs Act, 1962. 2. The Appellants made an import of Centreless Grinding Machine of Model No. 150-SL-2 and filed a Bill of Entry dated 24-6-1990 claiming the classification of the machine under Tariff Heading 84.60 of the First Schedule to the Customs Tariff 1975 and also claimed benefit of Notification No. 154/86-Cus. The appellants sought clearance of the machine as peripheral speed of the machine is higher than 45 m/sec. under OGL Appendix 1 Part B Sr. No. 3(1) 30 of Import Policy 1990-1993. The Collector of Customs in the impugned order held that under the OGL under Sl. No. 3 of the Import Policy 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asis, the peripheral speed comes to 47.1 meters/second. He submitted that the Collector of Customs in the impugned order admitted the fact that grinding wheel of the machine is of 200 mm, but he has not given any finding in respect of the formula given by the appellants for calculating the peripheral speed. He also relied upon the Test Report supplied by the manufacturer, which was also supplied to the Collector of Central Excise. The ld. Counsel relied upon the decision of the Tribunal in the case of Escorts Herion Limited v. CC, Bombay reported in Appeal No. C/696/1989-B2 - Final Order No. C/137/1993-B2. He further submitted that the appeal filed by the Revenue against the order of the Tribunal was dismissed by the Hon ble Supreme Court. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 200 mm. dia. The appellants also placed on record the certificate issued by the manufacturers, to this effect also. 6. We have considered the submissions made by the appellants and we find that in the impugned order, there is no discussion regarding the formula for calculating the peripheral speed of the machine. The manufacturers of the machine had given the Certificate in respect of the peripheral speed of the machine. The Collector of Customs has simply rejected the claim of the appellants on the ground that the Catalogue supplied with the machine shows that the peripheral speed of the machine is less than 45 m/sec. He has not discussed the contention of the appellants that when the grinding wheel of the machine is of 200 mm. than t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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