9911796707
|
Home
Issues:
1. Interpretation of Notification No. 197/76-Cus., dated 2nd August, 1976 regarding exemption for imported goods. 2. Determination of whether repair kits and packing sets for plungers are eligible for exemption as components of a component part. Analysis: The case involved an appeal by the Collector of Customs, Delhi, challenging the rejection of refund claims for imported repair kits and packing sets for plunger in FMC pump. The dispute centered around the applicability of Notification No. 197/76-Cus., dated 2nd August, 1976, which granted exemption. The Assistant Collector had denied the exemption, stating that the benefit could not extend to a component of a component. However, the Collector (Appeals) reversed this decision, allowing the appeals based on the argument that the repair kits and packing sets were components of the blow out preventer system. The Revenue then appealed to the Tribunal, leading to the current judgment. The Tribunal considered arguments from both sides, with the appellant contending that the imported parts were sub-assembly components and not part of the main system, thus not eligible for the exemption. Conversely, the respondents relied on the Collector (Appeals)' decision, supported by the General Catalogue 1980-81 and part list. The Tribunal examined the invoice, general catalogue, and part numbers, noting that the repair kit and packing set were specifically identified as parts of the FMC pump, which was a component part of the blow out preventer system. The Tribunal rejected the appellant's argument that sub-assembly parts were not covered by the notification, agreeing with the reasoning of the Collector (Appeals) and finding no error in the previous decision. Consequently, the Tribunal dismissed the appeals, emphasizing that the judgment was based on the unique circumstances of the case and should not set a precedent for future cases.
|
