Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether imported parts of web fed offset rotary printing machines were entitled to the concessional customs duty rate under Notification No. 155/86-Cus. by taking the complete machine rate under Notification No. 114/80-Cus. instead of the rate specified by Notification No. 59/87-Cus.
Analysis: Notification No. 155/86-Cus. granted a reduced rate for parts required for manufacture of goods falling under headings 8432 to 8443, but its Explanation restricted the reference rate to the rate applicable to the complete article as specified in the First Schedule to the Customs Tariff Act, 1975 read with only the notifications expressly named in that Explanation. Notification No. 59/87-Cus. was one of the notifications specifically incorporated, whereas Notification No. 114/80-Cus. was not. As the complete machinery was classifiable under heading 8443.11 and Notification No. 59/87-Cus. prescribed the relevant concessional rate for that heading, the rate for parts had to be worked out only from that incorporated rate and then reduced by 10% ad valorem.
Conclusion: The rate applicable to the imported parts was 25% ad valorem, and the assessee's claim to apply Notification No. 114/80-Cus. was rejected.
Final Conclusion: The appeal failed because the specific incorporation scheme in Notification No. 155/86-Cus. controlled the applicable duty rate, leaving no basis to import the benefit of Notification No. 114/80-Cus. into the computation.