TaxTMI 
TaxTMI 
1996 (2) TMI 246
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....oes not therefore justify its classification under 4901. Description of goods as per invoice and bill of entry clearly ascertain the classification under Heading 4911.91. General Rules of Interpretation also justify its inclusion under 4911.91. General Rules of Interpretation also justify its inclusion under 4911.91. Chapter Notes 4 and 5 do not exclude the goods from 4911.91.                 ORDER I therefore, order the subject goods to be classified under CTH No. 4911.91. I order that the goods be released after payment of 100% duty. No penal action is contemplated as there is no proof that the party had indulged in any act or omission that may render the goods liable for confiscation." 2. The facts of the case, in brief, as set out in the memo of appeal are that the appellant has a cement division in Jay Kay Puram in the State of Rajasthan; that for carrying out certain modification/improvement at the said cement plant the appellant desired to import technical know-how from the British Technical Consultants; that the appellant entered into an agreement for the supply of t....
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....should not be confiscated. After careful consideration of the submissions made by the importers, the Collector held that the goods were classifiable under CTH No. 4911.91. Against this order, the appellants have filed this appeal to the Tribunal. 3. Shri M.L. Lahoty, the learned Advocate appearing for the appellants submitted that the Bill of Lading indicated the description of the imported goods as the `technical design and drawings' as per the invoice attached. The learned counsel submitted that this Tribunal in the case of Roto Ink (P) Ltd. reported in 1990 (47) ELT 398 had held that technical documents in loose leaf binders are technical manuals and brochures and not in the nature of Trade Catalogue classifiable under Heading 4901.99 of the Customs Tariff Act, 1975 and not under Heading 4911.99. The learned Counsel also referred to the decision of the Tribunal in the case of United Glass and Bottles Manufacturing Company Ltd. reported in 1990 (48) ELT 535 wherein the Tribunal had held that according to Webster's and other Dictionaries, the term 'plans' includes 'drawings' and there is no reason why the term should not be so construed as to correspond with the true meani....
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....lassification but on the applicability of notification for Auxiliary Duty Exemption; that Chapter Note 4 of Chapter 49 states that printed picture or illustrations not bearing the text whether in the form of signatures or separate sheets fall in Heading No. 49.11. Reiterating the findings of the learned Adjudicating Authority, the Id. SDR prayed that the appeal may be rejected. 5. Heard the submissions of both sides. There are two computing entires for classification of the product. The appellants have claimed the classification of the goods either under Chapter Heading 4901.99 or 4906.00 whereas the Department has held that the goods are classifiable under Chapter Heading 49.11. For the sake of proper appreciation, let us reproduce the relevant Chapter Headings : Heading No. Sub-heading No. Description of Article 49.01 -  Printed books, brochures, leaflets and similar printed matter, whether or not in single sheets. 4901.10 In single sheets, whether or not folded - Other : 4901.91 Dictionaries and encyclopaedias, ....
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....control specification. On the cover of the folder, the following inscriptions were found : Lakshmi Cement (Division of Straw Products Ltd. Conceptual design and technical specification for centralised operational control system employing a distributive process control. Thus we find that the Lakshmi Cement case, the imported goods are technical designs, drawings which are printed and not in hand-written. 6. Before examining the case in the light of the Tariff Headings and Chapter Notes reproduced supra, let us examine what the ratio of the judgment of the Tribunal in the case of Roto Ink (P) Ltd. reported in 1990 (47) E.L.T. 398 is. Para 4 of this judgment is reproduced below : "4. We have carefully considered the submissions made by both the parties herein and have perused the records. Representative samples from the imported consignment was also produced before us which we have perused. We find that the Assistant Collector had found that Heading 49.01 was inapplicable only on the ground that the goods did not have the attributes of books. But he did say that goods are technical documents in loose leaf kept in binders and hence classifiable under Heading 49.11 CTA.....
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....al manuals and brochures published by the foreign collaborators of the appellants being supplied as part of transfer of technical know-how relating to the product in terms of the collaboration agreement. In this view of the matter, it is held that having regard to the nature of the goods, and the contents thereof, and the form in which the goods imported in the context of a collaboration agreement, classification of the goods under Heading 4901.99 is in order. The appeal is, therefore, allowed." 7. We have carefully considered the submissions made by both sides and have perused the records. We find that the representative sample was shown to the Adjudicating Authority who after examining the sample observed that the sample consisted of folder (plastic) with steel clips holding loose sheets. There were written notes indicating an index. But there were no serial numbers of paging done. In general it was observed that the folder contains process control specification. We, therefore, observe that this distinguished the present case from the case of Roto Ink (P) Ltd. We also observe that in the case of Roto Ink (P) Ltd., the goods were described as technical documents whereas in....