1983 (6) TMI 182 - AT - Customs

Summary

Issues:
Claim of exemption under Notification No. 272/76 for goods described as "Floppy Disk Drive Model FD 511."

Analysis:
The appeal revolved around the appellants' claim for exemption under Notification No. 272/76 for goods identified as "Floppy Disk Drive Model FD 511." The appellants sought re-assessment at a concessional rate, arguing that these goods were parts of a computer sub-system and thus eligible for the exemption under the said notification, as amended by Notification No. 47/79.

The Assistant Collector initially rejected the claim, stating that the exemption only applied to computers and sub-assemblies, and since the Department of Electronics classified the goods as "Computer Peripheral," they did not qualify under the notification.

The Appellate Collector upheld the rejection, citing definitions of "Computer Sub-system" and "Sub-system Peripheral" from the "Data Communication Dictionary," emphasizing that a peripheral did not necessarily constitute a sub-system.

The appellants filed a revision petition with the Central Government, contending that the Appellate Collector erred in excluding peripherals from the definition of a computer sub-system. They presented evidence, including a letter from the Department of Electronics certifying the goods as a "computer sub-system," and another letter clarifying that computer peripherals fell under the definition of a computer sub-system as per the notifications.

The Tribunal, upon review, found the evidence conclusive and ruled in favor of the appellants. The Tribunal allowed the appeal, directing the refund of the amount within two months from the date of the order's communication.