2004 (2) TMI 531

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.... System (UPSS), and classifiable under Heading 8543.00 as contended by the Revenue. 2. The Commissioner (Appeals) in his impugned order has accepted the Respondent's claim by observing as under : "I have gone through the case records and the submissions made by the appellant at the time of personal hearing. The main point is whether the product of the appellant is an inverter or a U.P.S.S. If it is an inverter, it is classifiable under Heading No. 85.04 according to the H.S.N. If it is U.P.S.S. it is to be classified under Heading No. 85.43 according to the Board's circular No. 25/96-Cus., dt. 24-4-96. According to the circular, a U.P.S.S. includes the following components forming a single unit :- (i)    &n....

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....plaints and repair of the product which is named also as 'Inverter'. I find that the appellant has put forward evidences to establish that their product is an inverter. On the other hand I neither find conviction or strong belief in the show cause notices nor find any concrete reasoning taken in the impugned order to establish the appellant's product as U.P.S.S. Having an automatic switching device cannot make U.P.S.S. out of an inverter. I hold that the appellant's product is inverter and classifiable under heading No. 85.04. Accordingly the differential duty demanded and confirmed is not payable by the appellant. Penalty is also not warranted." The Revenue in their appeals memo have forwarded the following ground : The dispute in th....

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....ding 85.43 reads as : "Electrical machines and apparatus having individual functions, not specified or included elsewhere in this Chapter". Further sub-heading 8543.80 reads : "Other machines and apparatus." Now examining the goods in terms of the description given under Chapter Heading 85.43, we find that the equipment imported is no doubt an electrical machine. The term 'machine' has already been defined in Section Note 5 of Section XVI wherein it has been provided that the expression 'machine' means any machine, machinery, plant, equipment, apparatus or appliance cited in the headings of Chapter 84 or 85. Further we find that the equipment has individual functions namely, the function of supply of uninterrupted power to the plant and mac....