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2025-VIL-715-CESTAT-KOL-CU
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CUSTOMS CESTAT Cases

Customs - Status Holder Incentive Scrips (SHIS), Capital Goods, Spares/Parts of Capital Goods, Allowable Limit of 10% of Scrip Value - Whether the goods imported by the appellant are 'capital goods' themselves and hence the restriction of debiting duty from SHIS scripts in excess of the allowable limit of 10% of the total scrip value is not applicable to them – HELD - from examining the definition of 'capital goods' as provided in the Customs Notification and the FTP, and the functions of the imported goods, it is found that the goods imported by the appellant, namely, crucible pot, pot ring, abrasive belt, PVA wheels, beveling cone, and refractories, are 'capital goods' themselves, as they are 'accessories' or 'equipment' required for the manufacture or production of glassware by the appellant, either directly or indirectly. The items required for replacement, modernization, technological upgradation, or expansion of the plant are also covered within the ambit of 'capital goods' as per the definition - Since the imported goods satisfy the definition of 'capital goods', the restriction of debiting duty from SHIS scripts in excess of the allowable limit of 10% of the total scrip value is not applicable to the goods imported by the appellant. Consequently, the demand of customs duty confirmed in the impugned order, as well as the interest and penalty imposed on the appellant are set aside – The appeal is allowed
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