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of <h1>Tribunal Remands Case on Machinery Classification with Emphasis on Trade Meanings</h1> The Tribunal remanded the case concerning the classification of imported machinery as 'Aseptic Packaging Machinery' under Heading 8479.89 instead of ... Matter remanded to adjudicating authority Issues:Classification of imported machinery under Heading 8422.40 or 8479.89, denial of exemption under Notification No. 125/86-Cus., denial of cross-examination of experts, interpretation of terms 'packaging' and 'aseptic packaging machinery,' compliance with principles of natural justice.Classification Issue:The appellants imported an 'Aseptic Packaging Machinery' but the Principal Collector classified it under Heading 8479.89 instead of Heading 8422.40 as claimed by the appellants. The machinery expert confirmed that the machine manufactured aseptic packaging material, not packaging itself. The Notification No. 125/86-Cus. applies to goods for use in processing/packaging of food articles, requiring the appellants to prove the machine's purpose for processing/packaging food articles. The Tribunal agreed to remand the case for the appellants to establish this aspect before the adjudicating authority.Denial of Exemption Issue:The Principal Collector denied the appellants the exemption under Notification No. 125/86-Cus. based on the classification of the machinery as aseptic packaging material making machine under Heading 8479.89. The appellants argued that the machine should be considered under Heading 8422.40 and claimed the benefit of the notification. The Tribunal did not express any views on the merits but remanded the case for further consideration.Cross-Examination Issue:The appellants contended that they were denied the opportunity to cross-examine the experts whose reports formed the basis for the Show Cause Notice. The Principal Collector's order did not mention the cross-examination request and did not provide reasons for denying it, leading to a lack of natural justice. The Tribunal held that the appellants should be given the chance to cross-examine the experts to establish their case properly.Interpretation of Terms Issue:The dispute revolved around the interpretation of terms like 'packaging' and 'aseptic packaging machinery.' The appellants argued that the machine should be considered aseptic packaging machinery based on its functions and industry guidelines, while the Principal Collector focused on the dictionary meaning of terms. The Tribunal emphasized the need to consider trade meanings over dictionary definitions and remanded the case for further evaluation.Compliance with Natural Justice Issue:The Tribunal found that the order of the Principal Collector lacked natural justice elements due to the denial of cross-examination and consideration of additional facts not mentioned in the Show Cause Notice. Citing relevant legal precedents, the Tribunal emphasized the importance of providing a fair opportunity for the appellants to present their case. Consequently, the case was remanded to ensure compliance with the principles of natural justice.
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