1983 (1) TMI 249

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....jee D.R., for the Respondents. ORDER [Shri S. Venkatesan, Sr. Vice-President, Smt. S. Duggal, Member (J) and Shri K.L. Rekhi, Member (T)]. - In this case, flame proof well glasses imported by the appellants were assessed under heading 70.21 of the Customs Tariff Act, 1975 read with item 23A(4) of the Central Excise Tariff. The appellants claimed refund of the differential duty saying that th....

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.... 2206 (Part-I -1962 and the trade catalogue of M/s GENELEC also recognised them similarly, the notification No. 106/77-Cus.., which gave duty concession to a number of mining safety articles specifically listed lighting fittings (flame proof) at S. No. 5 and said that these fittings fell in Chapter 85 and that the goods imported were not glass envelopes but insulating fittings for electrical equip....

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....6/77-Cus., was not applicable to them and that the plea of the goods being insulating fittings for electrical equipment was put forth for the first time now only during hearing before the Tribunal and was in any case not entertainable as the goods were nothing more than outer glass shells or envelopes for electric lamps which were excluded from the scope of Chapter 85. 5.  We have given ou....