2022 (10) TMI 747 - AT - Customs

Classification of imported goods - Antenna (Parts of telecommunication equipments) - change in classification from CTH 8570 7090 to 85176290 - Section 17(5) of the Custom Act, 1962 - HELD THAT - Undisputedly both the sides agree that the same issue has been considered by the coordinate bench of CESTAT, in case of Reliance Jio Infocom COMMISSIONER OF CUSTOMS (IMPORT) MUMBAI VERSUS M/S RELIANCE JIO INFOCOM LTD 2019 (11) TMI 451 - CESTAT MUMBAI and bench have decided the issue in favour of appellant. Since the same issue has been considered by the coordinate bench and the appeals filed by the revenue have been dismissed, this appeal also needs to be allowed - Appeal allowed.

Issues Involved:
1. Classification of imported Antenna for Base Station.
2. Applicability of CBIC instructions and Board Circulars.
3. Binding nature of Tribunal's previous decisions.
4. Pending appeal before the Hon'ble Supreme Court.

Issue-wise Detailed Analysis:

1. Classification of Imported Antenna for Base Station:
The primary issue in this appeal was whether the "Antenna" for Base Station should be classified under CTSH 8517 7090 as "Parts" or under CTSH 8517 6290 as "Machines for reception, conversion, and transmission or regeneration of voice, images or other data." The appellant argued that the Antenna should be classified as "Parts" under CTSH 8517 7090, citing previous decisions of the Tribunal in similar cases (CC v Reliance Jio Infocomm Ltd - 2019 (369) ELT 1713 and Reliance Jio Infocomm Ltd v CC - 2022 (2) TMI 967) and statutory notifications that recognize Antenna as "Parts." The respondents, however, classified the Antenna under CTSH 8517 6290, relying on CBIC instructions that considered telecommunication antennas as complete devices with specified functions.

2. Applicability of CBIC Instructions and Board Circulars:
The respondents relied heavily on CBIC instruction No. 01/2018-Cus dated 15 Jan 2018, which classified telecommunication antennas as complete devices under CTSH 8517 6290. The appellant countered this by arguing that the Tribunal's decision in Reliance Jio Infocomm Ltd should prevail over the Board Circular, as per the legal principle that judicial decisions take precedence over administrative instructions. The Tribunal noted that the CBIC instructions are binding on the department but not on the courts, as clarified in the Supreme Court's decision in the case of Ratan Melting and Wire Industries [2008 (231) ELT 22 (SC)].

3. Binding Nature of Tribunal's Previous Decisions:
Both parties agreed that the same issue had been previously decided by the Tribunal in favor of the appellant in the case of Reliance Jio Infocomm Ltd. The Tribunal reaffirmed that the classification of "Antenna for Base Station" under CTSH 8517 7090 as "Parts" was consistent with its earlier rulings. The Tribunal emphasized that the approach taken by the Commissioner (Appeals) in relying solely on the Board Circular was contrary to established judicial principles.

4. Pending Appeal Before the Hon'ble Supreme Court:
The respondents mentioned that the department had filed an appeal before the Hon'ble Supreme Court against the Tribunal's decision in the Reliance Jio Infocomm Ltd case. However, the Tribunal noted that the Supreme Court had neither admitted the appeal nor granted any stay. Consequently, the Tribunal decided not to defer the matter and proceeded to adjudicate based on the existing legal framework and precedents.

Conclusion:
The Tribunal concluded that the classification of "Antenna for Base Station" should be under CTSH 8517 7090 as "Parts," consistent with its previous decisions. The appeal filed by the appellant was allowed, and the reassessment by the respondents under CTSH 8517 6290 was set aside. The Tribunal reiterated that judicial decisions take precedence over administrative instructions and emphasized the importance of consistency in legal interpretations.

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