2015 (9) TMI 244 - SC - Customs

Classification of goods as auto analysers or photometers Appellant filed Bill of Entry for clearance of models of BTS 320 and BTS 310 classified goods as auto analysers under Entry 9030.89 of Customs Tariff Act, 1975 Goods were seized by custom authorities, being total of 8 BTS 320 and 15 BTS 310 models DRI issued show cause notice stating that goods in question are photometers and not auto analysers and demanded duty, Confiscation of goods and imposition of penalty Held that - Without any analysis of whether imported equipments were, auto analysers or were only photometers, tribunal went on to conclude that one can never come to conclusion that photometer is same as auto analyser Admitted fact that models BTS 310 and BTS 320 were imported with inbuilt software that contained programmes for analysis and interpretation From this it does not follow that what has been imported is only photometer Contention that description of imported goods was changed from photometers to auto analysers to avail benefit of exemption under notification No. 20/1999, would be material in deciding whether Section 111(m) are attracted as to amount to mis-declaration of description of goods resulting in confiscation of said goods, fine, and penalty Therefore, appeal of assesse allowed and order of tribunal imposing penalty set aside Decided in favour of Assesse.

Summary

Issues Involved:
1. Classification of imported diagnostic equipment.
2. Applicability of exemption under Notification No. 20/1999.
3. Alleged misdeclaration and liability for confiscation and penalties under the Customs Act, 1962.

Analysis of the Judgment:

1. Classification of Imported Diagnostic Equipment:
The primary issue was whether the imported diagnostic equipment (BTS 302, BTS 310, BTS 320, and BTS 370) should be classified as "auto analysers" or "photometers." The appellant classified the goods under Entry 9030.89 of the Customs Tariff Act, 1975, as "auto analysers." The Directorate of Revenue Intelligence (DRI) contended that the goods were "photometers" and not "auto analysers," leading to a show cause notice demanding duty and penalties.

The Commissioner of Customs, after reviewing technical literature and the context of the equipment's use, concluded that the equipment were indeed "auto analysers" as they performed automatic analysis of blood samples, despite some manual operations in models BTS 310 and BTS 320. The Commissioner referenced a conference of Commissioners of Customs which had previously determined that equipment performing automatic analysis, even if part of the process was manual, qualified as "auto analysers."

2. Applicability of Exemption under Notification No. 20/1999:
The appellant claimed exemption under Notification No. 20/1999, which exempts certain medical equipment, including "Auto Analyser for Enzymes, Drug Levels and Biochemical Investigations." The Commissioner held that the imported equipment fell within this exemption, as they were used for automatic analysis of blood samples, and the term "auto analyser" applied to them despite the manual mixing of samples in some models.

3. Alleged Misdeclaration and Liability for Confiscation and Penalties:
The Commissioner found that the appellant had misdeclared the description of the goods to benefit from the exemption. However, he concluded that there was no evasion of duty, and thus, no penalty under Section 114A was imposed. The goods were ordered to be confiscated under Section 111(m) of the Customs Act, 1962, with an option to redeem them by paying a fine. Penalties were also imposed under Section 112(a) on the appellant and a senior vice president of the company.

CESTAT's Decision:
The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) reversed the Commissioner's order, stating that the equipment were not "auto analysers" but "photometers," and upheld the penalties.

Supreme Court's Judgment:
The Supreme Court found that the CESTAT had not adequately addressed the technical aspects and evidence supporting the classification of the equipment as "auto analysers." The Court noted that the equipment were used in pathological labs for automatic analysis of blood samples and contained inbuilt software for analysis and interpretation, which is not a feature of mere photometers. The Supreme Court restored the Commissioner's order, confirming that the equipment were "auto analysers" and eligible for the exemption. The Court also dismissed the revenue's appeal regarding the penalty under Section 114A, as there was no duty evasion.

Conclusion:
The Supreme Court allowed the appeal of the assessee, set aside the CESTAT's order, and restored the Commissioner's order, confirming the classification of the imported equipment as "auto analysers" eligible for exemption under Notification No. 20/1999. The revenue's appeal regarding the penalty under Section 114A was dismissed.