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2008 (5) TMI 181

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..... der per : P.G. Chacko, Member (J)]. - A classification dispute is arising in this case, which relates to an item called "modular plug for telephone". According to the assessee (appellant), the item was classifiable under SH 8517.90 of the First Schedule to the Customs Tariff Act at the material time. According to the Revenue, it was classifiable more appropriately under SH 8536.90 of the said Sche .....

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..... or for making connections to or in electrical circuits (for example, switches, relays, fuses, surage suppressors, plugs. sockets, lamp-holders, junction boxes), for a voltage not exceeding, 1000 volts.       8536.90 Other apparatus 35%     3. Both the lower authorities classified the goods under SH 8536.90 with the result that a refund claim filed by the assessee .....

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..... was used for connecting the handset and the main set of telephone and was classifiable as an electrical apparatus used in line telephony, the appellate authority ought not to have travelled out of the ambit of Heading 85.17, where the article was described as "electrical apparatus for line telephony or line telegraphy, including line telephone sets with cordless handsets and telecommunication appa .....

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