2017 (1) TMI 1529 - AT - Customs

Classification of imported goods - hard disk drive - eligibility for concessional rate of CV duty - Held that - The terms hard disk drive used in the notification has not been amplified either by adding external or internal . On this simple premise alone exemption to the said item cannot be denied. Admittedly the imported items are hard disk drive and are meant for external use with computer or lap-top as plug-in device. They are portable hard disk drive. The contention of the Revenue that they are only removable or exchangeable disk drive is not factually or technically correct - Appeal dismissed - decided against Revenue.

Summary

Issues:
Classification of imported hard disk drive and eligibility for concessional rate of CV duty under Notification No. 12/2012-C.E., dated 17-3-2012.

Analysis:
The case involved an appeal by the Revenue against an Order-in-Appeal regarding the classification of imported external hard disk drives and their eligibility for concessional CV duty. The original assessing authority classified the goods under Tariff Heading 8471 70 30 with a duty of 12%, denying the benefit of Notification No. 12/2012-C.E. On appeal, the Commissioner (Appeals) held that external hard disk drives should be classified under Tariff Heading 8471 70 20, making them eligible for the concessional rate of duty. The Revenue contended that the external hard disk drives should be classified as "removable or exchangeable disk drives" under Tariff Item 8471 70 30, emphasizing that these drives are synonymous with portable or external disk drives. The Revenue argued that the exemption notification should be strictly interpreted, and the external hard disk drives have additional circuits for this purpose.

During the hearing, the Revenue elaborated on their grounds of appeal, while the respondent's counsel referred to technical specifications, usage of the imported items, and various case laws to support their position. The respondent also presented an Office Memorandum clarifying that external hard disk drives are not exchangeable disk drives and should be covered under Tariff Heading 8471 70 20. The Technical Committee's recommendation supported this categorization. The Tribunal examined samples of the impugned goods and removable or exchangeable disk drives. The classification of the external hard disk drive was crucial due to the concessional rate of duty applicable only to hard disk drives, not removable or exchangeable disk drives.

After reviewing the appeal records, samples of goods, technical specifications, and exemption notification, the Tribunal agreed with the findings in the impugned order. The exemption notification covered both hard disk drives and removable or exchangeable disk drives under Tariff Heading 8471 70. Since the notification did not specify "external" or "internal" for hard disk drives, the Tribunal held that the exemption could not be denied based on this premise alone. The imported items were portable hard disk drives for external use with computers or laptops, not just removable or exchangeable disk drives. The Tribunal found that the Revenue's contention was not factually or technically correct, supported by expert opinions and technical literature. Therefore, the Tribunal dismissed the Revenue's appeal, upholding the impugned order's findings.

In conclusion, the Tribunal's decision clarified the classification of external hard disk drives and their eligibility for concessional CV duty, emphasizing the importance of technical specifications, expert opinions, and the interpretation of exemption notifications in such cases.