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2021 (1) TMI 623 - AT - CustomsClassification of imported goods - LCD panels and parts of LCD panels - Department contends that both these items would fall under CTH 8529 9090 whereas the appellant contends that LCD panels would fall under CTH 9013 8010 and parts of LCD panels would fall under CTH 9013 9010 - period of dispute is from January 2018 to February 2018 and February 2018 to February 2019 - HELD THAT:- The very same issue came up for consideration before the Tribunal in the case of M/S SAMSUNG INDIA ELECTRONICS PVT LTD, M/S MOSER BAER INDIA LTD VERSUS COMMISSIONER OF CUSTOMS, NOIDA [2015 (10) TMI 2258 - CESTAT NEW DELHI]. The competing classification with regard to Liquid Crystal Devices (LCDs) imported was CTH 9013 8010 as against CTH 8529 9090. The Department was of the view that the goods will fall under CTH 8529 by relying on Section Note 2(b) of Section XVI of the Customs Tariff Schedule. The Tribunal held that the goods would fall under CTH 9013 8010 and relied upon the decision of the Hon'ble Apex Court in the case of M/S. SECURE METERS LTD. VERSUS COMMISSIONER OF CUSTOMS, NEW DELHI [2015 (5) TMI 241 - SUPREME COURT]. LCD panels are classifiable under CTH 9013 8010 and parts of LCD panels are classifiable under CTH 9013 9010 - the classifications are to be under CTH 9013 8010 and CTH 9013 9010, the denial of exemption benefit to the appellant as per amendment Notification No. 92/2017-Cus. dated 14.12.2017 is without any factual or legal basis and requires to be set aside. Appeal allowed - decided in favor of appellant.
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