CESTAT ruled that lithium-ion batteries imported for mobile...
Lithium-ion batteries for mobile phone manufacturing qualify for 12% IGST under Serial No. 203, specific end-use provisions override general classification rules.
📋
Contents
Cases Cited
Referred In
Notifications
Circulars
Forms
Manuals
Acts
Rules & Regulations
Case Laws New
Ref Provisions New
Plus +
Source NTF
Summary
Similar
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
CESTAT ruled that lithium-ion batteries imported for mobile phone manufacturing qualify for IGST at 12% under Serial No. 203 of Schedule II to IGST Rate Notification No. 01/2017-IT (Rate) from 01.04.2018 to 31.03.2020, thereafter 18% following omission of Serial No. 203. The Tribunal rejected revenue's contention that batteries should attract higher rates under Serial No. 139 (28%) or Serial No. 376AA (18%) based on classification uncertainty at import stage. Relying on precedents including LG Electronics and Camlin Ltd., CESTAT held that specific end-use provisions override general classification rules. The demand for short-paid customs duty under Section 28(1) of Customs Act, interest under Section 28AA, redemption fine, and penalty under Section 112(a)(ii) were set aside. Appeal allowed.
Note: It is a system-generated summary and is for quick reference only.