2008 (1) TMI 201 - AT - Customs

Denial of the benefit of Customs Not. 28/97 & 29/97 (EPCG scheme) in respect of imported chandeliers & light fittings on the ground that the items are not covered by the definition of capital goods - assessee satisfied conditions of the EPCG scheme - chandeliers & light fittings are equipments/accessories required by a hotel industry for rendering services impugned items figure in the list of annexure of notifications, hence would qualify for the benefit of Notification as capital goods

Summary

Issues involved: Denial of benefit of Customs Notifications No. 28/97 and No. 29/97 under the EPCG scheme for imported 'chandeliers and light fittings' by the lower authorities.

Analysis:
1. The appeal was filed against the denial of benefit of Customs Notifications No. 28/97 and No. 29/97 for 'chandeliers and light fittings' imported by the assessee under the EPCG scheme. The lower authorities contended that these items did not qualify as "capital goods" under the Notifications. However, it was noted that the items were covered by EPCG licenses for importation, and service providers like hoteliers were eligible to import capital goods at a concessional rate of duty under the scheme.

2. Under Notification No. 28/97, "capital goods" included plant, machinery, equipment, and accessories required for various purposes, including rendering services. Similarly, under the other Notification, "capital goods" encompassed items required for different industries, including the hotel industry. The annexure to the Notification listed items necessary for hotel and tourism industries, and although 'chandeliers and light fittings' were not explicitly mentioned, 'lighting equipments' were listed as capital goods.

3. The lower authorities argued that 'chandeliers and light fittings' did not qualify as capital goods based on the annexure's list. However, it was established that these items are essential for a hotel industry to provide services. Therefore, the benefit of Notification No. 29/97 was deemed applicable to the assessee, who met all other EPCG scheme conditions. Similarly, for Notification No. 28/97, it was concluded that 'chandeliers and light fittings' were necessary accessories for a hotel industry to render services, and the assessee fulfilled all obligations under the scheme.

4. Consequently, the impugned order denying the benefit of the Notifications was set aside, and the appeal was allowed. The decision was pronounced in open court on 28-1-2008.