2004 (10) TMI 256 - AT - Customs

Summary

Issues involved:
Classification of Notebook Computer loaded with software under Customs Tariff Act.

Detailed Analysis:

1. Classification of Notebook Computer: The appeal involved the classification of a Notebook Computer loaded with software by M/s. Hewlett Packard India Pvt. Ltd. The appellant argued that the computer Notebook imported by them included an accompanying CD with software for reloading in case of system crash, and they separately declared the value of the software. The Assistant Commissioner classified the Notebook along with the software under a specific sub-heading and imposed penalties, which were upheld by the Commissioner (Appeals) citing an amendment in Note 6 to Chapter 85 of the Customs Tariff Act. The appellant contended that previous legal precedents, including a Supreme Court decision, supported the separate classification of software from the hardware.

2. Interpretation of Note 6 to Chapter 85: The appellant relied on legal precedents and argued that the amendment in Note 6 did not affect the classification of media like CDs when presented with the apparatus they are intended for. The Explanatory Notes of the Harmonized System of Nomenclature (HSN) clarified that if media is presented with the intended apparatus, they should be classified in specific headings. The Board's Circular further explained that software imported with equipment should not be classified under the equipment's headings but under headings specific to the software media.

3. Supreme Court Decision: The Supreme Court's decision in a similar case emphasized that software retains its character even when loaded in hardware, and should be assessed separately as per Note 6 to Chapter 85. The Court highlighted that software presented with the intended apparatus should be classified accordingly, leading to the setting aside of the confiscation and penalties imposed on the appellants.

In conclusion, the Appellate Tribunal agreed with the appellant's arguments, emphasizing the importance of Note 6 to Chapter 85 in classifying software presented with the intended apparatus. The judgment highlighted the significance of legal precedents, Explanatory Notes of HSN, and the Supreme Court decision in determining the separate classification of software loaded with hardware under the Customs Tariff Act.