9911796707
TMI Blog1984 (3) TMI 409X X X X Extracts X X X X X X X X Extracts X X X X ..... question for decision in these four appeals, originally filed as revision application to Government of India, is classification for the purpose of c.v.d. on Vitavex H.F. Speaker unit imported by the appellants by four Bills of Entry No. Cash 3157 dated 26-7-1975, 901 dated 9-10-1976, 2823 dated 26-11-1976 and 2122, dated 18-10-1975. The appellants claimed that no c.v.d. was chargeable. The Asstt. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gramophones, Record Players, Record Playing decks, Record changer decks or parts and accessories thereof falling under tariff item 37A of the CET. The goods were imported by the appellants under actual user licence as component parts of projection equipment and not that of gramophones or record changer, etc. The goods imported could not ordinarily be used in gramophones, record players, record pl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that Philips India who manufacture speakers like those imported by the appellants were levied central excise duty under tariff item 68 and not under 37A(ii). A letter from the Philips India Ltd. dated 15-5-1975 addressed to the appellants stating that refund of differential duty would be made to them was produced. Reliance was also placed on Order No. B-997/83 in appeal No. CE(SB)(T) 235/77-B, dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ombay reproduced in 1983 E.L.T. 828. He therefore, argued for dismissal of the appeal. 4. We have carefully considered the arguments advanced by the parties. According to the appellants while a theoretical use of the imported speakers in gramophone, record player etc. may be possible the same would not he commercially viable due to manufacturing cost being extremely high. This has not been disp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ikrishnan has relied. 5. In view of the foregoing the appellants claim for assessment under Tariff Item 68 (all the Bs/E relate to period after 1-3-1975) for c.v.d. would appear to be well merited. As a result the assessment under T.I. 37A(ii) is set aside and the goods are held properly assessable under Tariff Item 68. The appeal is therefore, allowed with the consequential refund to the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
