1983 (9) TMI 305 - AT - Customs

Tribunal rules in favor of appellants on tariff classification dispute, grants refund for imported speaker units

PHOTOPHONE LTD. Versus COLLECTOR OF CUSTOMS

The Tribunal ruled in favor of the appellants, determining that the High Frequency Speaker Units imported by them should not be classified under Tariff ... - Issues: Classification of High Frequency Speaker Unit for countervailing duty under Tariff Item 37A(ii) of Central Excise Tariff.Analysis:1. The appeal revolved around the classification of High Frequency Speaker Units imported by the appellants for the purpose of countervailing duty, specifically whether they should be classified under Tariff Item 37A(ii) of the Central Excise Tariff, as determined by the lower authorities.2. The appellants, who are manufacturers of Cinematograph Projectors falling under Item No. 37B of the Central Excise Tariff, argued that the imported speaker units were components/accessories of Cinematograph Audio Visual and Sound Projection equipment, distinct from parts used in Gramophones or Record Players falling under T.I. No. 37A. They highlighted that the speaker units imported were of a higher frequency range, not typical for gramophones. The Customs authorities assessed the goods under T.I. 37A(ii) for countervailing duty, leading to the appeal.3. The appellants presented various evidence and documentation to support their claim, including trade notices, catalogues, and correspondence from manufacturers. They contended that the speaker units were intended for theatre use, incompatible with gramophones or record players. The appellants emphasized that the goods imported were not akin to those typically used in gramophones, record players, or changer decks.4. During the hearing, the Accounts Manager of the appellants reiterated their stance, emphasizing the specialized nature of the speaker units and their unsuitability for common household use in gramophones or record players. They also highlighted the differential treatment of Excise duty between their imports and those manufactured by Philips India, further supporting their argument.5. On the Department's behalf, it was argued that the speaker units could be utilized in various sound equipment, including gramophones and record changers, justifying their classification under Item 37A(ii) for countervailing duty, referencing a previous Tribunal order to support their position.6. The Tribunal critically analyzed the matter, noting discrepancies in the lower authorities' reasoning and the lack of evidence supporting the contention that the speaker units could be used in gramophones or record players. The Tribunal referenced a relevant Notification that exempted certain items from countervailing duty, emphasizing the necessity for the goods to be parts of specific equipment falling under Item 37A(ii) for classification.7. Ultimately, the Tribunal concurred with the appellants, determining that the speaker units were not components of gramophones or record players listed under sub-item (ii) of Item 37A. The Tribunal found no basis to refute the appellants' claim that the imported goods were unsuitable for such common use. Consequently, the goods were deemed assessable under a different Tariff Item, leading to the allowance of the appeal with a refund for the appellants.