1999 (10) TMI 384 - AT - Central Excise

Summary

Issues:
1. Whether a control system supplied by the appellants to a school should be considered an integral part of the personal computer system and included in its value.

Analysis:
The issue in this case revolves around determining the status of a control system supplied by the appellants to a school in relation to the personal computer system. The appellants were required to pre-deposit an amount pending the appeal. The control system in question was valued at Rs. 45,000 and was considered essential by the Ld. Commissioner (Appeals). However, the appellants argued that the control system was not essential as it was merely a networking control card purchased from external sources. They contended that the main computer system could function independently without this control system, which primarily facilitated the connectivity between monitors and keyboards in the classroom. The Tribunal found merit in the appellant's submissions, ruling that the control system was a peripheral or accessory and not an essential component of the computer system. Consequently, the duty demand on the control system was set aside.

The Tribunal further addressed the issue of duty reduction, with the appellant agreeing to pay a reduced duty if the control system was considered an optional peripheral item. The duty payable on the main system alone was estimated at approximately Rs. 5,400. Additionally, the appellant raised a legal objection regarding the demand for interest, citing that the relevant provision came into force after the period of dispute. The Tribunal concurred with the appellant, stating that Section 11AB could not be applied retrospectively. As a result, the Order-in-Appeal was modified to exclude the demand for interest. The matter was remanded to the original authority for verification of the duty payable on the main computer system, with specific instructions to consider the Tribunal's findings.

In conclusion, the Tribunal's decision centered on the classification of the control system as a peripheral rather than an integral part of the personal computer system, leading to the setting aside of the duty demand on the control system. The appellant's arguments regarding duty reduction and the demand for interest were also addressed and resolved in their favor, resulting in a successful appeal by way of remand for further verification and computation of the duty payable on the main computer system.