1997 (3) TMI 201 - AT - Customs

Appellate tribunal grants relief for machinery import claim under Notification No. 45/85

The appellate tribunal allowed the appeal concerning the rejection of the appellant's claim for benefits under Notification No. 45/85 for importing ... Horological machines Issues:1. Claim for benefit of Notification No. 45/85 for import of horological machines and testing equipment.2. Rejection of claim by lower authorities.3. Interpretation of conditions under the notification.4. Applicability of a previous judgment by the Madras High Court.Analysis:1. The appeal pertains to the rejection of the appellant's claim for the benefit of Notification No. 45/85, which provides benefits for the import of specific machinery for the manufacture of wristwatches. The conditions under the notification include the requirement for certification from designated authorities and proof of import under an approved program.2. The lower authorities rejected the claim on the basis that the imported machines were general-purpose machines with the ability to function for horological purposes but did not exclusively qualify as horological machines. However, it was acknowledged that these machines were used in the factory for manufacturing wristwatches and their parts.3. The appellants were absent during the hearing, having requested an adjournment. The issue had been previously addressed by the Madras High Court in a similar case involving the same notification. The court held that machines and equipment need not be exclusively meant for wristwatch manufacturing, providing a precedent directly applicable to the present case.4. Considering the previous judgment and the grounds raised by the appellants, which mirrored those in the Madras High Court case, the appellate tribunal found no reason to disagree with the earlier decision. The impugned order was set aside, and the appeal was allowed, contingent upon the appellants fulfilling the remaining terms of the notification, such as providing the end-use certificate and bond as required.This comprehensive analysis highlights the issues surrounding the claim for benefits under a specific notification, the interpretation of conditions, and the reliance on a previous judicial decision to support the appellant's case.