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CESTAT ruled that imported Works Rolls qualify as "Capital Goods" rather than spare parts under CTH 8455 30 00, making them eligible for full utilization of SHIS Scrip benefits. The Tribunal determined the rolls are essential components without which rolling machines cannot function, and are independently classified as capital goods. The Tribunal also noted the Department could not maintain inconsistent positions by treating the same goods as capital goods under EPCG License but as spare parts for SHIS scrip purposes. Additionally, the extended period demand was set aside as time-barred, as the interpretation issue had been consistently settled by previous Tribunal decisions in favor of importers. Appeal allowed.
CESTAT ruled that imported Works Rolls qualify as "Capital Goods" rather than spare parts under CTH 8455 30 00, making them eligible for full utilization of SHIS Scrip benefits. The Tribunal determined the rolls are essential components without which rolling machines cannot function, and are independently classified as capital goods. The Tribunal also noted the Department could not maintain inconsistent positions by treating the same goods as capital goods under EPCG License but as spare parts for SHIS scrip purposes. Additionally, the extended period demand was set aside as time-barred, as the interpretation issue had been consistently settled by previous Tribunal decisions in favor of importers. Appeal allowed.
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TaxTMI 
TaxTMI 
