9911796707
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Issues:
Classification of imported colour scanner under Customs Tariff Act, validity of show cause notice, applicability of different tariff headings, justification of duty charge, interpretation of relevant notifications and exemptions. Analysis: The appeal involved the classification of a colour scanner imported by the appellants under the Customs Tariff Act. The appellants imported the scanner, contending it was solely for use in the printing industry, while the assessing officer classified it under a different heading. The dispute arose when a demand of &8377; 7,60,032.72 was made based on the revised classification. The appellants argued that the scanner should be classified under Heading 84.35 as printing machinery ancillary, not under 90.10 as contended by the authorities. The Collector relied on Notification 36/81, classifying the goods under Chapter 90 for use in the printing industry, leading to the appeal against the duty charge. The legal representative for the appellants raised several points during the proceedings. Firstly, challenging the validity of the show cause notice issued, citing precedents where the Board had the exclusive right to review assessments. Secondly, emphasizing the necessity of reasons for modification in the notice, referring to legal rulings supporting this argument. Lastly, arguing for the classification under 84.35 due to the machinery's ancillary nature to printing and the principle of interpreting entries favorably for the assessee in case of doubt. On the contrary, the JDR representing the respondent contended that the machinery operated on photographic camera principles, justifying its classification under 90.07. Additionally, reliance was placed on Notification 36/81, exempting colour scanners under Chapter 90, supporting the respondent's position. The Tribunal analyzed the submissions and evidence presented. It observed discrepancies in the appellants' classification under 84.35, as the scanner's functions did not align with printing machinery ancillary criteria. The Tribunal also dismissed the applicability of 90.07 and 90.25, ultimately affirming the classification under 90.10 for apparatus used in photographic or cinematographic laboratories. This decision was supported by the exhibits of colour separations produced by the scanner and the provisions of Notification 36/81, indicating the government's intention to categorize colour scanners under Chapter 90. Conclusively, the appeal was dismissed, upholding the duty charge under the determined classification of the imported colour scanner. The Tribunal's decision was based on a thorough analysis of the classification criteria, relevant notifications, and the machinery's actual functions, ensuring compliance with the Customs Tariff Act.
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