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2015 (12) TMI 1252 - AT - CustomsClassification of goods - Classification under CTH 3004 or under CTH 9018 - Import of Extraneal Peritoneal Dialysis Solution with 7.5% Icodestrin - Held that - Revenues appeal is against classification of CAPD under 9018 was allowed by the Commissioner (Appeals). The L.A.A. in the impugned order had relied the Tribunals order in the appellants own case reported in 2004 (7) TMI 454 - CESTAT, NEW DELHI . Revenue appealed against the above Tribunals order and Hon ble Supreme Court upheld the order 2015 (5) TMI 695 - SUPREME COURT and dismissed the Revenue appeal. - By respectfully following the Apex courts order in the appellants own case, we hold that CPAD is rightly classifiable under Chapter heading 9018. - Decided against Revenue.
Issues Involved:
Classification of Extraneal Peritoneal Dialysis Solution under CTH 9018 or CTH 3004. Detailed Analysis: 1. Classification Dispute: The main issue in this case revolves around the classification of Extraneal Peritoneal Dialysis Solution. The appellants classified the goods under CTH 9018 9099, while Customs classified them under CTH 3004. This classification difference led to the goods being chargeable to different rates of duty. The Commissioner (Appeals) allowed the appeal by the appellants, classifying the goods under CTH 9018. However, the Revenue filed an appeal against this decision, leading to the current dispute. 2. Legal Precedents and Tribunal Orders: During the proceedings, the Advocate for the respondent highlighted that despite the Commissioner (Appeals) order, Customs had not implemented the change in classification and continued to assess the goods under CTH 3004. The Advocate referred to a Supreme Court decision in the appellant's own case, which supported the classification of the goods under CTH 9018. The Tribunal considered the previous Tribunal order and the Supreme Court's decision, emphasizing that the issue was settled by the Hon'ble Apex Court in the appellant's case. 3. Apex Court Decision and Classification Confirmation: The Tribunal reviewed the Apex Court's decision and the specific details of Chapter Heading 90 related to medical equipment, which includes CAPD fluid. The Tribunal found that CAPD fluid falls within the nomenclature of medical equipment, attracting a nil rate of Customs duty. Consequently, the Tribunal dismissed the appeals as lacking merit and upheld the classification of CAPD under Chapter heading 9018. 4. Final Decision and Refund Order: Based on the Apex Court's decision and the classification confirmation, the Tribunal upheld the Commissioner (Appeals) decision to classify CAPD under CTH 9018. The impugned order was upheld, and the Revenue's appeal was rejected. The Tribunal also directed the refund of the amount deposited by the respondent within three months in accordance with the law. In conclusion, the judgment settled the classification dispute of Extraneal Peritoneal Dialysis Solution, confirming its classification under CTH 9018 as medical equipment. The Tribunal's decision was supported by legal precedents and the specific provisions of Chapter Heading 90, leading to the rejection of the Revenue's appeal.
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