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of <h1>Appellate Tribunal Upholds Classification of Imported Goods as GPS Transreceivers</h1> <h3>Commissioner of Customs, New Delhi (Import & General) Versus M/s Geo Vision Technologies Pvt. Ltd.</h3> Commissioner of Customs, New Delhi (Import & General) Versus M/s Geo Vision Technologies Pvt. Ltd. - 2016 (344) E.L.T. 629 (Tri. - Del.) Issues:Classification of imported goods under Section 85256019 or Section 85269190, Requirement of import license under Export Import (Exim) policy, Appeal against primary adjudicating authority's order, Nature of the imported device - GPS receiver or GPS transreceiver.Classification Under Section 85256019 or Section 85269190:The primary issue in this case revolves around the classification of the imported goods. The primary adjudicating authority classified the goods under 85269190, necessitating an import license under the Export Import (Exim) policy. However, on appeal, the Commissioner (A) reclassified the goods under Section 85256019, stating they were freely importable. The Revenue appealed this decision, contending that the goods should be classified under 85269190 as they were GPS transreceivers, not merely GPS receivers.Requirement of Import License under Export Import (Exim) Policy:The primary adjudicating authority confiscated the goods under section 111(d) of the Customs Act 1962 for lacking the required import license under the Export Import (Exim) policy. The penalty imposed was &8377; 50,000, with an option to redeem the goods on a fine of &8377; 2,50,000. The Commissioner (A) reversed this decision, stating that the goods did not require an import license under the Exim policy, leading to the Revenue's appeal.Appeal Against Primary Adjudicating Authority's Order:The respondent appealed against the primary adjudicating authority's decision, leading to the Commissioner (A) overturning the classification and import license requirement. The Revenue then filed an appeal against the Commissioner (A)'s decision, arguing that the goods should be classified under 85269190, which covers GPS transreceivers.Nature of the Imported Device - GPS Receiver or GPS Transreceiver:The crux of the classification issue lies in determining whether the imported device is a GPS receiver or a GPS transreceiver. The Revenue argued that the device was a GPS transreceiver since it combined a GPS receiver with a modem for two-way communication, enabling not only position tracking but also data transmission. This distinction was crucial in classifying the goods under 85269190, which covers radio navigational aid apparatus, including GPS transreceivers.In conclusion, the Appellate Tribunal CESTAT NEW DELHI upheld the Revenue's appeal, classifying the imported goods under CTH 85269190 as GPS transreceivers. The Tribunal's decision was based on the device's functionality, enabling vehicle tracking, communication, and navigation, which aligned with the characteristics of GPS transreceivers. The judgment emphasized the distinction between GPS receivers, differential GPS, and GPS transreceivers, highlighting the need for an import license for the latter under the Export Import (Exim) policy. The Tribunal's analysis focused on the technical specifications and capabilities of the device to determine its correct classification under the relevant tariff heading.
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