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of <h1>Tribunal rules in favor of Department in machinery classification dispute</h1> <h3>COLLECTOR OF CUSTOMS, BOMBAY Versus JAY FROZEN FOODS (P) LTD.</h3> COLLECTOR OF CUSTOMS, BOMBAY Versus JAY FROZEN FOODS (P) LTD. - 1995 (78) E.L.T. 495 (Tribunal) Issues: Classification of imported machinery under the Customs Tariff Act, 19751. Classification Dispute:The case involves a dispute regarding the classification of an imported 'Gaulin-3 Plunger High Process Homogenizer' under the Customs Tariff Act, 1975. The Department appealed against the order of the Collector of Customs (Appeals), Bombay, which classified the homogenizer under a specific tariff item.2. Applicability of Tariff Items:The Department argued that the homogenizer should be classified under Item 84.17(2) of the Customs Tariff Act, 1975, as it was designed for both food and dairy processing. The Collector (Appeals) had relied on the CCCN notes to classify the machinery under Item 84.26, meant for dairy machinery.3. Interpretation of Classification Rules:The Tribunal examined the relevant classification rules under the Customs Tariff Act, specifically noting the importance of the main purpose and function of the machinery for classification. It considered the notes under Section XVI and Chapter 84 regarding the classification of multipurpose machines.4. Classification Decision:After reviewing the manufacturer's literature and the nature of the homogenizer, the Tribunal concluded that since the imported machinery was not exclusively designed for dairy processing but could be used for both food and dairy processing, it should be classified under Item 84.17(2) of the Customs Tariff Act, 1975.5. Judgment and Conclusion:The Tribunal set aside the order of the Collector (Appeals) and allowed the Department's appeal, ruling that the 'Gaulin-3 Plunger High Process Homogenizer' was correctly classifiable under Item 84.17(2) of the Customs Tariff Act, 1975. The decision was based on the machine's dual functionality for food and dairy processing, aligning with the classification rules outlined in the tariff.This detailed analysis of the judgment provides a comprehensive overview of the classification dispute and the Tribunal's decision based on the interpretation of relevant tariff items and classification rules under the Customs Tariff Act, 1975.
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