9911796707
TMI Blog2017 (3) TMI 659X X X X Extracts X X X X X X X X Extracts X X X X ..... vices. The respondent had imported certain items namely Electronic Ballasts and its accessories falling under chapter 94 and other items falling under 40 & 48 and availed credit to the tune of Rs. 33,97,601/- on such items under the category of capital goods. The department entertained the view that such lighting equipment used for outdoor film shooting cannot be treated as components/spares or accessories of capital goods. A Show Cause Notice was issued proposing to disallow of credit and to recover an amount of Rs. 33,97,601/- along with interest and proposing penalty. After due process of law, the original authority confirmed the demand interest, however, imposed penalty of Rs. 30,59,767/- with an option of reduced penalty of 25%. In app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of capital goods and that respondent have rightly availed the credit. The Ld. Counsel argued that the Commissioner (Appeals) has discussed in detail the function and purpose of the goods imported and has arrived at the conclusion and these are parts of capital goods. 5. I have heard the submissions made before me. The issue to be analyzed is whether the goods imported namely, lighting equipments, Gloves and Tissues etc., would fall under the definition of capital goods being parts/accessories of capital goods. In the impugned order the Commissioner (Appeals) has made lengthy and proper discussion with regard to the use and purpose of the items imported. For better appreciation the relevant discussion is reproduced as below: 7. I find th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ailed on Picture Tube for Analyzer Machine was also admissible. 9. The appellant contention that the Kim Wipes- Lens cleaning Tissues; Leather Hand Gloves used to handle expensive Cinematographic Cameras; Spring assortment and Roll pin assortment [for Generator & Lights], and Timing Belts also qualify themselves as Cinematographic accessories. There is adequate force in their contention that the Kim Wipes - Lens cleaning Tissues and the Leather Hand Gloves are being used to keep the expensive cameras very clean and to avoid possible growth of fungus on [he lenses and also to ensure the best possible quality of the picture by keeping the lenses clean, can be accepted. Similarly, the timing belt, spring & roll pin assortment and other cinema ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
