JUDGMENT

Banerjee, J.-In the light of the contentions raised and submissions made on behalf of either side, the following question arises for consideration and decision in these appeals :-

"Whether the benefit of exemption under Notification No.25/95 dated 16.3.1995, as amended, is available to the goods i.e. printed drawings, designs and plans under the Foreign Transfer of Technology Agreement imported by the respondent?"

2. On the factual score it appears that the respondent imported certain printed drawings, designs and plans under an agreement for transfer or technology for the purpose of setting up a plant to manufacture Polyester, Polyester Filament Yarn and Polyester Staple Fiber: whereas the assessee contended that the goods so imported are covered under Sl.No.10 of the Notification No. 25/95 cus dated 16.3.1995 having Nil rate of duty: The Revenue contended that the goods fall under Sl.No.15 of the notification attracting 10 per cent ad valorem. Before proceeding further with the matter the variable rate of duty chargeable as appears from the table in the Exemption Notification and in particular Sl.Nos.10 and 15 thereof are noted hereinbelow:

TABLE

S. Chapter