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of <h1>Tribunal rules earphones as accessories, not phone parts, granting exemption & setting aside penalty under Customs Act.</h1> <h3>M/s SENNHEISER ELECTRONICS INDIA PVT LTD Versus PRINCIPAL COMMISSIONER, CUSTOMS (IMPORT) INLAND CONTAINER DEPOT, TUGHLAKABAD-NEW DELHI And M/s SENNHEISER ELECTRONICS INDIA PVT LTD Versus PRINCIPAL COMMISSIONER, CUSTOMS ACC (IMPORTS) NEW CUSTOMS HOUSE, NEAR IGI AIRPORT-NEW DELHI</h3> M/s SENNHEISER ELECTRONICS INDIA PVT LTD Versus PRINCIPAL COMMISSIONER, CUSTOMS (IMPORT) INLAND CONTAINER DEPOT, TUGHLAKABAD-NEW DELHI And M/s SENNHEISER ... Issues Involved:1. Classification of imported earphones under customs tariff heading.2. Eligibility for exemption under Notification No. 57/2017-Cus as amended by Notification No. 22/2018-Cus.3. Determination of whether earphones are parts or accessories of cellular mobile phones.4. Imposition of penalty under section 112 of the Customs Act.Summary:1. Classification of Imported Earphones:The appellant classified two models of earphones, CX 275s (with microphones) and CX180 (without microphones), under customs tariff heading 8518 30 00, attracting a basic customs duty of 15%.2. Eligibility for Exemption:The appellant claimed the benefit of exemption Notification No. 57/2017-Cus, which levied a reduced duty of 10% on goods under heading 8518, except for certain parts of cellular mobile phones, including 'microphone, wired headset, receiver.' The Principal Commissioner dropped the demand for CX180 but confirmed it for CX 275s, considering it a wired headset and thus excluded from the exemption.3. Determination of Parts or Accessories:The appellant argued that the earphones are standalone products and not integral parts of cellular mobile phones. They can be used with various devices like laptops, iPods, and gaming equipment, and thus qualify as accessories rather than parts. The Tribunal agreed, stating that earphones are not essential to the functioning of mobile phones and are more accurately classified as accessories.4. Imposition of Penalty:In one order, a penalty of Rs. 4,53,744/- was imposed under section 112 of the Customs Act. The Tribunal found no ambiguity in the exemption notification and concluded that the earphones are accessories, not parts, thus qualifying for the exemption. Consequently, the penalty was also set aside.Conclusion:The Tribunal set aside the impugned orders, allowing the appeals and granting consequential relief to the appellant, affirming that earphones CX 275s are accessories and not parts of cellular mobile phones, thus eligible for the exemption under Notification No. 57/2017-Cus.
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