1998 (9) TMI 226 - AT - Customs

Summary

Issues involved:
The issues involve the import of CAT scan systems in SKD/CKD condition, under-valuation of goods, and the applicability of Notification No. 66/88-Cus.

Import of CAT scan systems:
The case involves the import of 2 sets of CAT scan systems, with a declared value of Rs. 70,96,984/-, which was reassessed to Rs. 1,54,05,000/-. The key issues are whether the goods are in SKD/CKD condition and whether they have been correctly reassessed. The appellants claimed exemption under Notification No. 66/88-Cus. The Advocate argued that the goods are parts of a CAT scanner and not a complete system, citing technical details and the need for specific components for the system to function.

Valuation of goods:
The Advocate contested the revaluation of goods on the basis of contemporary imports and the difference in transaction value and the exporter's price list. It was argued that the value addition was due to sophisticated procedures and technical operations carried out by trained personnel. The Advocate further argued that the penalty imposed was not justified as the Central Excise authorities regarded their operations as manufacturing, and there was no evidence of mala fides.

Judgment:
The Tribunal found that the imported goods were not simple systems but highly technical items requiring significant utility and technical expertise to assemble. The Tribunal noted that the appellants had designed and fabricated an essential component themselves, indicating a level of manufacturing. Drawing parallels with previous cases, the Tribunal held that for classification purposes, the goods were deemed to be CAT scan systems, but for practical purposes, they were components/parts thereof. Therefore, the benefit of duty exemption under Notification No. 66/88-Cus. was available to the appellants. On the issue of over-valuation, the Tribunal ruled in favor of the appellants, citing lack of challenge to the transaction value and substantial value addition due to technical procedures. Consequently, the impugned order was set aside on both counts, and the appeals succeeded with consequential relief as per law.