2004 (7) TMI 454 - AT - Customs

Summary

Issues:
1. Denial of benefit of Notification No. 17/2001-Cus. by Commissioner (Appeals) regarding import of parts and accessories for CAPD Fluid.

Analysis:
The appellant, engaged in manufacturing CAPD Fluid, imported parts and accessories claiming the benefit of Notification No. 17/2001-Cus. The Commissioner (Appeals) denied the benefit solely on the basis that CAPD Fluid cannot be considered as equipment.

The appellant contended that as per the notification, medical equipment and goods under Chapter 90 or specified in List 29 are exempt from Customs Duty. Specifically, List 29 at S. No. 46 covers CAPD fluid. Therefore, the appellant argued that since CAPD fluid falls under the notification, the benefit for accessories and parts of medical equipment and goods listed cannot be denied.

For reference, the relevant portion of Notification No. 17/2001-Cus. was examined. It exempts goods specified in the Table from excess customs duty when imported into India. The Table includes medical equipment, accessories, and parts required for maintenance, all at a Nil rate of duty. The notification also clarifies that the rate specified is ad valorem unless otherwise stated.

The Revenue did not dispute that the goods imported by the appellant are accessories and parts of medical equipment listed in List 29 under the notification. It was acknowledged that the goods fall under the coverage of the notification at S. No. 348.

Given that the notification includes medical equipment and goods specified in List 29, with CAPD fluid specifically listed at S. No. 46, the CAPD fluid is deemed covered by the notification. Therefore, accessories and spare parts necessary for maintaining medical equipment under this entry are entitled to a Nil rate of duty. Consequently, the impugned order was set aside, and the appeals were allowed, entitling the appellants to any consequential relief as per the law.