2012 (11) TMI 599 - AT - Customs

Classification - appellant imported - Memory Stick, SD Cards and Micro SD Cards are solid state non volatile storage devices, classifiable under sub-heading 8523 5100 - Departmental Representative emphasised that since the goods imported are not exclusively meant for external use with a computer or laptop as a plugin device and are also not exclusively meant for fitment inside CPU Housing/laptop body, the same are not covered by Sl. No. 17 of the table to the Notification No. 6/2006-C.E. Held that - Scope of the entry against Sl. No. 17(ii) of the table to the Notification as it stood during the period of dispute, cannot be interpreted on the basis of the wordings of the entry as the same stood w.e.f. 7-5-2010 - requirement of pre-deposit waived

Summary

Issues:
Interpretation of Notification No. 6/2006-C.E. regarding additional Customs duty exemption for imported goods.

Detailed Analysis:
1. Facts and Background:
The appellant imported memory sticks, Micro SD cards, and memory cards in 2010 under 12 bills of entry, clearing them at a concessional rate of 4% additional customs duty. Dispute arose regarding the applicability of the duty exemption under Notification No. 6/2006-C.E. and subsequent amendments. Two show cause notices were issued for recovery of allegedly short-paid duty, interest, and penalty, which were confirmed by the Commissioner in an order dated 25-5-2011. The appellant filed an appeal against this order.

2. Arguments of the Parties:
The appellant contended that the imported goods fell under the category of flash memory devices meant for external use with a computer or laptop as a plugin device, thus qualifying for the concessional rate. The appellant argued that the absence of the word "only" in the relevant entry indicated a broader interpretation, covering goods that could be used with cameras or mobile phones in addition to computers or laptops. The Departmental Representative opposed the stay application, asserting that the goods did not exclusively qualify for the exemption.

3. Court's Analysis and Decision:
The dispute revolved around the interpretation of Sl. No. 17(ii) of the Notification, which specified the rate of duty for items meant for external use with a computer or laptop as a plugin device. The court observed that the absence of the word "only" in this entry implied a broader scope, encompassing goods that could be used with other devices besides computers or laptops. The court held that the appellant had a prima facie case in their favor and that the requirement of pre-deposit of duty demand, interest, and penalty would cause undue hardship. Consequently, the court waived the pre-deposit requirement and stayed the recovery pending the appeal's disposal.

4. Conclusion:
The court's decision favored the appellant's interpretation of the Notification, emphasizing a broader scope for the exemption provision. By granting the stay application and waiving the pre-deposit requirement, the court acknowledged the appellant's prima facie case and the potential hardship posed by the deposit obligation. The judgment provided clarity on the interpretation of the duty exemption provisions under the relevant Notification, ensuring a fair consideration of the appellant's position during the appeal process.