1959 (11) TMI 1

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.... in that behalf, he has imported certain goods from Japan described as "Sirens" which, according to the petitioner are pre-elemently fitted for being used in motor cycles and motor scooters and adapted for that purpose. The question that arisen is whether the customs duty payable thereon is under item 295 or item 301 of the Tariff Schedule. This very matter came up before me once before and the de....

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....ng been agitated. I pointed out in my judgment mentioned above, that the proper way of looking at it would be to apply certain tests which I have mentioned there. The matter thereupon went back and the authorities have again held that the duty is chargeable under item 301. The relevant part of the finding is as follows :- "Exhaustive enquiries revealed that these sirens were essentially adapted....

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....a motor scooter. Without this finding, the matter could not be determined at all. A thing which is adapted to be used in a motor cycle is prima facie not a part or accessory of a motor cycle but a part or accessory which has been adapted for use with a motor cycle or a scooter and it may well be a part or accessory of a cycle. It is after this test has been applied, that further investigations may....