M/S. XEROX INDIA LTD. versus COMMISSIONER OF CUSTOMS, MUMBAI
The principal and essential character of the Multi-Functional Machines is the printing function, as demonstrated by predominance in parts, components, and manufacturing costs. They meet the technical requirements in Chapter Note 5(B), (C), and (O) for classification as units of Automatic Data Processing Machines. Presented independently and not covered by Chapter Note 5(E), the correct classification is under Chapter Heading 8471.60, not the residual heading 8479.89.
- Parties
- Appellant: Xerox India Ltd.; Respondent: Commissioner of Customs, Mumbai
- Jurisdiction
- India
- Judgment Date
- 22 November 2010
- Procedural Posture
- Civil Appeal / Appeal From Customs, Excise and Gold (control) Appellate Tribunal Order
- Outcome
- Appeal allowed.
- Legal Topics
- Classification Under Customs Tariff Act, Interpretation of Tariff Schedules, Multi Functional Machines
Case Brief
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Parties
Xerox India Ltd.
Appellant
Commissioner of Customs, Mumbai
Respondent
Procedural Posture
Civil Appeal / Appeal From Customs, Excise and Gold (control) Appellate Tribunal Order
Legal Issues
- 1 Whether Multi-Functional Machines imported by the appellants fall under Chapter Heading 8471.60 or 8479.89 of the Customs Tariff Act, 1985
Ratio Decidendi
The principal and essential character of the Multi-Functional Machines is the printing function, as demonstrated by predominance in parts, components, and manufacturing costs. They meet the technical requirements in Chapter Note 5(B), (C), and (O) for classification as units of Automatic Data Processing Machines. Presented independently and not covered by Chapter Note 5(E), the correct classification is under Chapter Heading 8471.60, not the residual heading 8479.89.
Court Disposition
Appeal allowed.
Orders
- Order of Tribunal in Appeal No. C/300/2002-B dated 05.11.2002 set aside.
- Multi-Functional Machines models Xerox Regal 5799, Xerox Workcentre XO 100, Xerox Workcentre XO 155df classified under Customs Tariff Chapter heading 8471.60.
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