1997 (9) TMI 261 - AT - Customs

Tribunal denies exemption for imported electronic goods with excluded components.

The Tribunal upheld the decision of the Collector of Customs (Appeals) that certain imported goods, including electronic items like a telephone exchange, ... Electronic Telephone Exchange - Customs exemption Issues:1. Eligibility of goods for exemption under Notification No. 172/77-Cus.Detailed Analysis:Issue 1:The appeal involved the eligibility of certain imported goods for exemption under Notification No. 172/77-Cus. The goods in question included electronic items like JISTEL 95 X 16 + 80 48V ALPHA 1, music on hold, and a JISTAX billing system with specific components. The appellants claimed that these goods were a complete system capable of independent operation and should be eligible for the exemption. The customs duty was assessed and paid based on the declared classification under sub-heading 8517.40 of the Customs Tariff. However, the refund claim was rejected on the grounds that the imported items contained electronic components like thermionic valves, which were excluded from the exemption. The Collector of Customs (Appeals) upheld the rejection, noting that the imported equipment consisted of electronic components and that the appellants failed to provide evidence that the telephone exchange was unassembled only for transportation purposes.Issue 2:During the hearing, the appellants argued that the exclusion under Notification No. 172/77-Cus. applied only to parts and not to the complete telephone exchange. They contended that the music on hold and billing system were integral parts of the electronic telephone exchange and should be eligible for the exemption. Alternatively, they requested that if the benefit was not applicable to the individual components, it should be granted to the entire telephone exchange as a complete item. On the other hand, the respondent argued that the appellants were engaged in manufacturing electronic private automatic branch exchanges and that the benefit of the notification did not extend to electronic items. The respondent pointed out that the bill of entry did not claim the benefit of the notification, and the goods were cleared without it.Issue 3:Upon careful consideration, the Tribunal found that the goods were declared in the bill of entry as an electronic telephone exchange, music on hold, and billing system, with separate prices indicated for each component. The appellants claimed that the goods were a complete system capable of independent operation and that the exclusion under the notification applied only to parts. However, the Tribunal noted that the imported goods contained thermionic valves and were electronic items, which were excluded under the notification. The Tribunal also observed that the importers argued that the goods were a complete system that operated on an electronic basis, indicating that the thermionic valves could not be separated. Therefore, the Tribunal upheld the view of the Collector of Customs (Appeals) that the goods did not qualify for the exemption due to the presence of electronic components.Conclusion:The Tribunal concluded that since the imported goods contained electronic components excluded from the exemption, and the parts of the goods included these excluded items, the view taken by the Collector of Customs (Appeals) was deemed correct. The Tribunal found no merit in the appeal and rejected it, affirming that the goods did not qualify for the exemption under Notification No. 172/77-Cus.