2006 (10) TMI 9 - SC - Customs

Customs - Radio terminals transport the already converted digital speech from BTS equipment to the BSC through outdoor units. These radio terminals are solely and principally used with the BTS and therefore they rightly qualify as BTS ancillary equipments to be eligible to the benefit of notification no. 11/97 as amended w.e.f. 2-6-1997.

Summary

Issues:
Whether Radio Terminals imported by the respondent should be considered as 'Base Transceivers Station (BTS) ancillary equipment' for exemption under Notification No.11/97-Cus., dated 1-3-1997; as amended by Notification No. 51/97, dated 2-6-1997.

Analysis:
The Central Government issued Notification No. 11/97, exempting certain goods from duty, later amended by Notification No. 51/97 to include additional goods. The dispute arose when the respondent imported Radio Terminals and sought exemption under the notifications. The respondent claimed that the Radio Terminals are essential BTS ancillary equipment for cellular connectivity. The Customs authorities rejected the claim, stating that the Radio Terminals are independent equipment not covered by the exemption. The Deputy Commissioner and Commissioner of Appeals upheld this view, disregarding technical literature supporting the respondent's claim. However, the Tribunal considered the technical literature and ruled in favor of the respondent, granting the exemption.

The Court analyzed the definition of 'ancillary' and the nature of cellular network systems to determine the classification of Radio Terminals. The technical literature provided clarified that Radio Terminals are crucial for interconnectivity in the network system, aiding in the transmission of digital speech between BTS and BSC. The Court emphasized that Radio Terminals are not standalone equipment but specifically designed for GSM networks, qualifying them as BTS ancillary equipment. The Court rejected the Revenue's argument based on a subsequent notification, stating that it does not apply retrospectively to goods already cleared. The Tribunal's decision to grant the exemption to Radio Terminals as BTS ancillary equipment was upheld, emphasizing their essential role in network connectivity.

In conclusion, the Court dismissed the appeal, affirming the Tribunal's decision to consider Radio Terminals as BTS ancillary equipment eligible for exemption under the relevant notifications. The Court highlighted the technical functionality and interconnectivity role of Radio Terminals in supporting cellular network systems, emphasizing their specific design for GSM networks. The decision clarified the distinction between independent equipment and ancillary equipment within the context of exemption notifications, ensuring the proper application of customs duty regulations.