2026-VIL-1350-CESTAT-BLR-CU

CUSTOMS CESTAT Cases

Customs – Eligibility for Reduced Duty Benefit on Imported Electric Scooters in Knocked Down Condition – Appellant imported electric scooters in CKD condition model without tyre, battery and charger seeking classification under Customs Tariff Heading 8711 6020 with reduced duty benefit under Notification No. 50/2017-Cus – The adjudicating authority found that since the impugned consignment was not inclusive of tyre, battery and charger, it was not eligible for reduced duty benefit contemplated under Serial No. 531A(1)(a) but was eligible for concessional rate of duty contemplated under clause 2 of Serial No. 531A – Whether the impugned goods are eligible for the benefit of amended Notification No. 02/2022-Cus when the import was prior to the issue of amendment notification – HELD – The benefit of Notification No. 50/2017-Cus at Serial No. 531A(1)(a) was rightly denied since the explanation in amended Notification No. 02/2022-Cus was issued post the import of the impugned goods – The description at Serial No. 531A of Notification No. 50/2017-Cus dated 30.06.2017 has been changed in amended Notification No. 02/2022-Cus dated 01.02.2022 whereby the benefit of notification is available even if electrically operated vehicles are imported incomplete or unfinished as a knocked down kit – The explanation is applicable only to imports after 01.02.2022 under Notification No. 02/2022-Cus dated 01.02.2022 and has no retrospective application – As per pre-amended Notification No. 50/2017-Cus, the motorcycle has to be imported as a knocked down kit containing all the necessary components, parts or sub-assemblies for assembling a complete vehicle – Since the impugned import did not contain all the necessary components, parts or sub-assemblies for assembling a complete electrically operated motorcycle, the benefit of Notification No. 50/2017-Cus at Serial No. 531A(1)(a) is not available – The decisions of the lower authorities are sustainable and the impugned order is upheld – The appeal is dismissed

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