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of <h1>Tribunal rules in favor of appellants in conveyor classification dispute</h1> <h3>VISHWA INDUSTRIAL CO. (P) LTD. Versus COMMISSIONER OF C. EX., CALCUTTA-II</h3> VISHWA INDUSTRIAL CO. (P) LTD. Versus COMMISSIONER OF C. EX., CALCUTTA-II - 1999 (107) E.L.T. 774 (Tribunal) Issues involved: Classification of conveyors and parts under different tariff headings, differential duty rates, mis-declaration, suppression of facts, period of limitation for duty demand.Classification of conveyors: The appellants claimed classification of conveyors under sub-heading 8428.00 of the tariff and parts/spares under sub-heading 8431.00. The department contended that since the goods were cleared in parts not fully manufactured by the appellants, they should be considered as parts of the conveyor system. The differential duty was confirmed against the appellants due to the varying duty rates for parts and complete machinery.Arguments for classification: The consultant argued that conveyors are a specific entry under Heading 8428.00 and should be classified accordingly. He emphasized that the appellants disclosed all activities to the department, paid duty on the entire value of the conveyor system, and submitted relevant documents regularly. He also highlighted the logistical necessity of transporting the conveyor system in parts to the site.Adjudication and decision: The Commissioner observed that the system consisted of parts purchased from the market, leading to the clearance being treated as parts/components, not the entire system. However, the Tribunal disagreed, noting that conveyors are a specific entry under the tariff and the appellants paid duty for a complete conveyor system. The Tribunal found no merit in the Commissioner's order and set it aside.Mis-declaration and suppression of facts: The Commissioner alleged that the appellants mis-declared by clearing parts of the system for erection at the site while declaring them as complete systems. The Tribunal found this reasoning unjustified, stating that the appellants provided all relevant information to the department, and any objection should have been raised promptly, not after five years. Consequently, the demand was deemed barred by limitation.Conclusion: The Tribunal allowed the appeal, setting aside the duty demand and penalty imposed, providing consequential relief to the appellants based on the findings regarding classification, mis-declaration, and limitation period.
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