2006 (2) TMI 478 - AT - Customs

Tribunal grants exemption to appellants for imported medical equipment parts

WIPRO GE MEDICAL SYSTEMS LTD. Versus COMMISSIONER OF CUS., BANGALORE

WIPRO GE MEDICAL SYSTEMS LTD. Versus COMMISSIONER OF CUS., BANGALORE - 2006 (202) E.L.T. 141 (Tri. - Bang.) Issues:- Interpretation of Notification No. 17/2001-Cus for concessional rate of assessment for imported goods claimed as parts of medical equipment.- Determination of whether imported goods are entitled to exemption under the notification.- Consideration of previous imports and their impact on the current case.- Assessment of whether the appellants imported the equipment in Completely Knocked Down (CKD) condition.- Justification for challenging the findings of the lower authority regarding the nature of the imported goods.Analysis:The case involved appeals against an order passed by the Commissioner of Customs (Appeals), Bangalore, regarding the concessional rate of assessment under Notification No. 17/2001-Cus for certain imported goods claimed as parts of Ultra Sound Scanner/CT Scanner. The lower authority concluded that the imported goods were Ultra Sound Scanner/CT Scanner in CKD condition and thus not eligible for the exemption notification. The Commissioner (Appeals) upheld this decision, prompting the appellants to challenge it strongly.During the proceedings, the appellants argued that they were manufacturers of Ultra Sound/CT Scanners and had not imported all the parts of the scanners, such as probes, monitor assembly, and keyboard assembly. They contended that the lower authorities incorrectly relied on information from previous imports where all parts were included, leading to a misunderstanding that the current imports were also in CKD condition. The appellants emphasized that since they had only imported certain parts of the equipment, they should be entitled to the exemption notification.Upon careful consideration of the case records, the tribunal found that the lower authorities based their findings on irrelevant information from previous imports. It was noted that the appellants had not imported crucial parts of the Ultrasound Scanner, which were essential for its functionality. Therefore, the tribunal concluded that the appellants were rightly entitled to the exemption under Notification 17/2001, which applied to parts required for manufacturing medical equipment falling under specific headings and sub-headings. Consequently, the tribunal allowed the appeals, emphasizing that the orders of the lower authorities, which overlooked the factual circumstances, were unsustainable.In conclusion, the tribunal ruled in favor of the appellants, granting them the benefit of the exemption notification and providing consequential relief as necessary. The judgment highlighted the importance of accurately assessing the nature of imported goods and applying relevant provisions for concessional rates of duty in accordance with the law.