I.J. Rao, Member (T)

1. The appellants imported, under a Bill of Entry No. 1416 dated 24.2.83, two 'Automatic Nut Making Machines Comprising one Blanking Press REMP 16N and one Finishing Press KP-16 & Accessories, etc." The goods were assessed provisionally and allowed clearance against a bond. The benefit of Notification No. 40/78-Cus was extended. Subsequently, a show-cause notice was issued to the appellants threatening the denial of the benefit of Notification No. 40/78-Cus. After due process, which included personal hearing to the appellants, the Assistant Collector held that the Blanking Press (BP for short) would not be entitled to the concessional assessment under Notification No. 40/78-Cus. because the product manufactured by it is not a 'Nut'. Benefit of the Notification was extended to the Finishing Press because the product manufactured by it was considered to be a 'Nut' (without threading).

2. Aggrieved, the appellants filed an appeal before the Collector of Customs (Appeals). The Collector rejected the appeal observing as follows:-

"I have carefully considered the submission of the appellants both written and oral, as well as the records of the case. The dispute in