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Issues: Whether spare parts and accessories imported along with the D.G. sets were entitled to assessment at the same rate of duty as the D.G. sets under the Accessory (Condition) Rules, 1963, on the footing that they were compulsorily supplied and that no separate charge was made for them.
Analysis: The supplier's letter stated that the spare parts and accessories were specially designed and tailor-made for the imported D.G. sets, were not of general use, were not available in the open market, and were recommended for import along with the machine for smooth operation. The letter also indicated that no responsibility would be accepted if the D.G. sets were operated with indigenous spares, which supported an inference of compulsion in the arrangement. The invoice further reflected a composite price for the D.G. sets and the spares, with a separate breakup only to show the components of that composite consideration. On this material, the condition that the accessories and parts were compulsorily supplied and that their price was included in the price of the articles was satisfied.
Conclusion: The spare parts and accessories qualified for the same assessment treatment as the D.G. sets, and the denial of the benefit was unsustainable.