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Issues: Classification of imported goods under Heading 4901 or 4911, applicability of Customs Notification 95/92, and exemption from auxiliary duty under Notification No. 121/92.
In this case, M/s. Tata Elxsi India Ltd. imported software documentation packets and reference manuals, claiming classification under Heading 4901 with no duty leviable. The Assistant Collector classified the goods under Heading 4911.99 with duty leviable. The Collector (Appeals) classified the items as an installation and user guide for oracle software under Heading 4901, duty-free. The appeal by the Revenue challenges this classification. Classification under Heading 4901 or 4911: The Tribunal analyzed the classification based on the Customs Tariff Act. The department argued for classification under Heading 4911, but the Tribunal emphasized that Heading 49.01, covering printed matter, takes priority unless excluded. Citing a Supreme Court decision, the Tribunal stated that goods must fit specific items before resorting to a residual item. The imported manual was considered a book containing valuable technical information, meeting the criteria of Heading 49.01 or as brochures. The Tribunal referenced a previous decision supporting this classification, concluding that the goods fell under Heading 49.01, exempt from basic customs duty. Applicability of Customs Notification 95/92: Notification No. 95/92 exempts software in source code from customs duty. The Tribunal affirmed that the imported goods were not software in source code, as they were technical manuals for software installation. Since the manuals did not qualify as software, they were deemed ineligible for the notification's benefits. Exemption from Auxiliary Duty under Notification No. 121/92: Sl. No. 26 of Notification No. 121/92 exempts certain goods, including printed books, from auxiliary duty. The importer argued that the manuals qualified as books under this notification due to their textual content. The Tribunal agreed, stating that a book need not be for the public at large and can cater to technical audiences. The manual's organization and subject matter aligned with book characteristics, making it eligible for the auxiliary duty exemption. In conclusion, the Tribunal upheld the Collector (Appeals)'s classification decision under Heading 4901 and extended the benefit of Notification No. 121/92 to the imported goods. The appeal was disposed of accordingly.
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