2001 (5) TMI 549 - AT - Customs

Tribunal Upholds Customs Classification Decision

The Appellate Tribunal CEGAT, Chennai upheld the decision of the Commissioner of Customs (Appeals) regarding the classification of imported goods under ... Classification of goods Issues:Classification of imported goods under Customs Act, 1962 - Interpretation of Chapter notes - Applicability of Notification No. 56/95 - Dispute over short levy of Customs Duty.Analysis:The judgment by the Appellate Tribunal CEGAT, Chennai involved a dispute regarding the classification of imported goods under the Customs Act, 1962. The case stemmed from the Commissioner of Customs (Appeals), Chennai's Order-in-Appeal dated 16-10-2000, based on four Orders-in-Original by the Dy. Commissioner of Customs (Group 5C), Chennai, demanding a short levy of Customs Duty under Section 28 of the Customs Act, 1962.The imported components for an Ultrasound Scanner were assessed to duty under CTH 9018.00 with the benefit of Notification No. 56/95. The original authority raised a demand of Rs. 3,60,895/- citing that the goods should be classified under specific headings rather than the general heading of 9018.00 as 'parts of Medical Equipment' provided in the Tariff.The original authority, after due hearing and analyzing relevant chapter notes, passed an order against the importer. The Commissioner (Appeals) upheld the original authority's decision, stating that the goods imported should be classified under respective Chapter Headings and not as parts of medical equipment under Chapter 90. The Commissioner rejected the importer's claim that the rate of duty should be uniform for all components under Notfn. 56/95.The legal representatives of both parties presented arguments. The appellant's counsel argued that the application of Note 2(a) of Chapter 90 was incorrect and 'parts' should be classified only under respective Chapter headings 9018.19. The Revenue's representative contended that the lower authority's classification was correct under Note 2(a) of Chapter 90, as each item was specifically mentioned in the heading under which it was classified.The Tribunal agreed with the Revenue's arguments, citing Note 2(a) of Chapter 90, which mandates that parts and accessories included in specific headings should be classified accordingly. The Tribunal found that the lower authorities correctly followed the chapter notes and relevant citations, leading to a lawful classification. The Tribunal dismissed the appeals and upheld the impugned orders, confirming the short levy of Customs Duty. The stay applications were also dismissed accordingly.