2013 (12) TMI 676 - AT - Central Excise

Eligibility for exemption under Notification No.6/06-CE CPU cleared with monitor, mouse and key board as a set Waiver of Pre-deposit - Revenue was of the view that as per the definition of computers given in the Explanation, the exemption will be available only in cases where CPU is cleared separately with no other items or if CPU is cleared along with monitor, mouse and key board as a set Held that - Prima facie, the exemption under the notification will be applicable for CPU even if a key board and mouse were cleared along with CPU - There can be a doubt whether for the combination, the exemption is available - The issue will be decided at the final hearing of the appeal - the applicant is directed to make out a pre-deposit of Rupees Twenty lakhs as pre-deposit upon such submission rest of the duty to be stayed till the disposal Partial stay granted.

Summary

Issues:
Interpretation of exemption under Notification No.6/06-CE dt. 1.3.2006 at Sl.No.16 for Central Processing Units (CPU) supplied with accessories like keyboard and mouse.

Analysis:
The case involved a dispute regarding the eligibility for exemption under Notification No.6/06-CE for CPUs supplied along with accessories. The Revenue contended that the exemption applied only when the CPU was cleared separately or with a set of accessories including a monitor, mouse, and keyboard. The Revenue demanded duty for cases where the monitor was not supplied, resulting in duty demands and penalties for the applicant.

The appellant argued that the definition of "computer" in the Explanation of the exemption included CPUs cleared separately or with a set of accessories, making it an inclusive definition. The appellant claimed that the exemption should apply even when the CPU was cleared with a keyboard and mouse, as the last clause of the Explanation excluded accessories cleared separately, not when accompanying the CPU. The appellant also suggested that any duty liability should only be for the reversal of Cenvat credit taken on the keyboard and mouse.

The Revenue opposed the appellant's interpretation, stating that including any accessory with the CPU would render the term "separately" in the Explanation redundant. The Revenue emphasized strict interpretation of exemption notifications and argued that the appellant was not eligible for the exemption.

The Tribunal considered both arguments and found that prima facie, the exemption under the notification could apply even if a keyboard and mouse were cleared along with the CPU. However, there was a doubt regarding the combination's eligibility for the exemption, which would be decided during the final hearing. The Tribunal directed the appellant to make a pre-deposit of Rs.20,00,000 within six weeks, with a stay on the collection of the balance dues during the appeal's pendency.

In conclusion, the judgment addressed the interpretation of the exemption notification for CPUs supplied with accessories, emphasizing the inclusive nature of the definition and the need for further clarification on the combination's eligibility for the exemption.