9911796707
|
Home
Issues:
Classification of "DTS - 6D Sound Processor" under Customs Tariff Act and ITC (HS). Analysis: The dispute in this case revolves around the classification of the "DTS - 6D Sound Processor" under the First Schedule to the Customs Tariff Act and ITC (HS). Initially, the item was classified under SH 8519.99 by the original authority, contrary to the importer's claim for classification under Heading 84.71. The importer further requested classification under a new entry, 9007.92 of the Customs Tariff Schedule, and under ITC (HS) Code 909711.02. The appellate authority accepted this claim based on a previous Tribunal decision in the case of M/s. Cineland v. Commissioner of Customs, Chennai, which held that the DTS - 6D System should be classified under CTH 9007.02 and ITC (HS) Code 909711.02 as a sub-system of a cinematographic projector, not a sound reproducing system. The department appealed against this classification, seeking restoration of the original authority's classification. The learned SDR reiterated the grounds of appeal, arguing that the item is not an accessory as held in the Cineland case. However, the learned Counsel contended that the classification of the goods aligns with the Tribunal's decision in the Cineland case, which was upheld by the Supreme Court in Commissioner v. Cineland-2002 (142) E.L.T. A68 (S.C.). Upon reviewing the order in the Cineland case, the Bench found no difference between the item in that case and the goods under consideration in the current appeal. As there was no contrary claim presented in this appeal, the submission by the learned Counsel was accepted. Consequently, the lower appellate authority's classification was upheld based on the Supreme Court's decision in the Cineland case. Ultimately, the appeal was dismissed, affirming the classification of the "DTS - 6D Sound Processor" under CTH 9007.02 and ITC (HS) Code 909711.02. The judgment was dictated and pronounced in open court, bringing the matter to a close.
|
