2008 (12) TMI 578 - AT - Customs

Summary

Issues involved: Denial of benefit of exemption Notification No. 21/02-Cus. u/s 321 for the product "Dish Reflector" imported by the appellants.

Comprehensive Details:

1. Classification Dispute:
In all four appeals, the appellants were denied the benefit of exemption for the "Dish Reflector" imported by them. The classification of the product under CETH 8529 90 90 was accepted, but there was a dispute regarding the exemption under Notification No. 21/02-Cus.

2. Legal Arguments:
The appellant's advocate argued that the reflector imported by them falls under the category of parts of transmission apparatus incorporating reception apparatus. They contended that the dish antenna and its parts are covered under Heading 8529, which includes transmission apparatus for broadcasting television. The advocate supported their claim with technical literature on "Digital Satellite Communication."

3. Exemption Claim:
Under the relevant heading of serial No. 321, the exemption was claimed for parts of transmission apparatus incorporating reception apparatus. The appellant argued that the reflector should be considered as part of the transmission apparatus incorporating reception apparatus, as it is essential for both transmission and reception in satellite communication equipment.

4. Judgment and Decision:
After considering the submissions from both sides, the Tribunal found merit in the appellant's arguments. They concluded that the reflector imported by the appellant can be considered as part of the transmission apparatus incorporating reception apparatus. The technical literature provided by the appellant supported this view. Therefore, the Tribunal allowed the appeals and granted the exemption claimed under serial No. 321 of Notification No. 21/02-Cus.