Appeal allowed: conversion treated as manufacture, entitlement under Notification No.56/2002-CE and CENVAT credits reinstated, including returned and ...
The CESTAT allowed the appellant's appeal, holding that the exemption notification and IGST rate notification must be given a purposive interpretation to cover technologically advanced NAAT diagnostic kits for HIV as performing the same statutory purpose as antibody kits. The impugned order denying benefit of the Exemption Notification and reduced IGST was set aside; the imported kits are held eligible for exemption from basic customs duty and for levy of IGST at 5% as specified in List 1. The tribunal declined to decide tariff classification given the grant of exemption. Appeal allowed and impugned order dated 20.12.2022 quashed.
The CESTAT allowed the appellant's appeal, holding that the exemption notification and IGST rate notification must be given a purposive interpretation to cover technologically advanced NAAT diagnostic kits for HIV as performing the same statutory purpose as antibody kits. The impugned order denying benefit of the Exemption Notification and reduced IGST was set aside; the imported kits are held eligible for exemption from basic customs duty and for levy of IGST at 5% as specified in List 1. The tribunal declined to decide tariff classification given the grant of exemption. Appeal allowed and impugned order dated 20.12.2022 quashed.
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