1996 (8) TMI 331 - AT - Customs

Tribunal affirms Commissioner's decision on imported goods classification under flexible Project Imports heading.

The Tribunal affirmed the Commissioner's decision in favor of the appellant, allowing re-assessment under a more beneficial notification for imported ... Paper/Pulp Moulding Plant - Project imports Issues:1. Classification of imported goods under Tariff Item 9801.00 and Notification 315/93.2. Claim for re-assessment under Notification 64/87 and refund of duty difference.3. Interpretation of the applicability of concessional rate of duty under Project Imports.4. Whether goods classified under Heading 9801.00 lose their identity for classification on merits under other headings.5. Purpose of having a separate Tariff heading for Project Imports and its implications on classification.Analysis:1. The appellant imported a paper/pulp moulding plant under Tariff Item 9801.00 and claimed clearance under Notification 315/93 for a concessional rate of duty. Subsequently, the appellant sought re-assessment under Notification 64/87, which offered a lower duty rate, and a refund for the duty difference. The Asst. Commissioner rejected the claim, but the Commissioner accepted it, leading to the Department's appeal.2. The Department contended that once goods are classified under Heading 9801.00 for Project Imports, they lose their identity as machines under Chapter 84, making Notification 64/87 inapplicable. However, previous tribunal decisions, like Collector of Customs v. Bharat Heavy Electricals, have established that availing concessional assessment under Project Imports does not bar utilizing other exemption notifications.3. The Tribunal clarified that choosing to classify goods under Heading 9801.00 for Project Imports does not prevent classification on merits under other headings. The purpose of a separate Tariff heading for Project Imports is to streamline assessment for large industrial projects, avoiding time-consuming individual item classification. Importers can still avail themselves of beneficial exemption notifications, as seen in Mitra Prakashan P. Ltd. v. Collector of Customs.4. The Tribunal emphasized that the identity of goods classified under Heading 9801.00 is not lost for classification under other headings. Importers retain the option to choose the most advantageous duty assessment, even if goods could be classified under different headings based on their merits. The Commissioner's decision to allow the re-assessment under the more beneficial notification was upheld.5. Ultimately, the appeal was dismissed, affirming the Commissioner's decision in favor of the appellant. The Tribunal highlighted the convenience and efficiency of having a separate Tariff heading for Project Imports to simplify assessment for complex industrial projects, emphasizing the flexibility for importers to choose the most favorable duty assessment option available to them.