2018 (8) TMI 1529 - AT - Customs

Classification of imported goods - Licences for Software on paper media - whether classified under CTH 4907 0030 which covers Documents of title conveying the right to use Information Technology Software or under CTH 8523 8020 as Information Technology software ? - Customs Circular No- 15/2011-Cus. dated 18.03.2011. Held that - The imported items are not PUK cards per se but are paper licences only. This being so in view of the CBEC clarification there should not be any more controversy on the classification of this item. The item is correctly classified only under Heading 4907 of the CTA - appeal allowed - decided in favor of appellant.

Summary

Issues: Classification of imported paper licences for software under Customs Tariff Heading (CTH) No. 4907 0030 or CTH No. 8523 8020

Analysis:

Issue 1: Classification Dispute
The case involved a dispute regarding the classification of imported paper licences for software by M/s. Ingram Micro India Ltd. The appellant classified the goods under CTH No. 4907 0030, while the department insisted on classifying them under CTH No. 8523 8020 as "Information Technology software." The Commissioner (Appeals) upheld the department's classification, leading to the appeal before the forum.

Issue 2: Appellant's Arguments
The appellant argued that they imported only paper licences without the software media packs and emphasized assessing the goods in the form they were imported. They contended that the product key on the licences is essential for software installation, while the licence grants the right to use the software, qualifying as a document of title. The appellant highlighted the need to classify the licences separately under the Customs Tariff scheme.

Issue 3: Board's Circular Interpretation
The appellant referenced a Customs Circular issued by the Board, dated 18.03.2011, which clarified the classification of paper licences essential for using software under CTH 4907. The Circular differentiated between paper licences and PUK cards, stating that paper licences fall under CTH 4907, while PUK cards are classified as "other printed matter" under CTH 4911.

Issue 4: Tribunal's Decision
After considering both parties' arguments and the Board's Circular, the Tribunal found merit in the appellant's contentions. The Tribunal agreed that the imported items were paper licences, not PUK cards, and thus correctly classified under Heading 4907 of the Customs Tariff Act. Consequently, the impugned order was set aside, and the appeal was allowed with any necessary consequential reliefs as per the law.

In conclusion, the Tribunal resolved the classification dispute in favor of the appellant based on the interpretation of the Customs Tariff and the Board's Circular, highlighting the distinction between paper licences and PUK cards for software classification under the relevant headings.