VidhiSangh

Supreme Court of India · 17/01/2023

HEWLETT PACKARD INDIA SALES PVT. LTD. (NOW HP INDIA SALES PVT. LTD.) versus COMMISSIONER OF CUSTOMS (IMPORT), NHAVA SHEVA

[2023] 1 S.C.R. 1123 · 2023 INSC 50

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Summary

Customs reclassified HP's imported all-in-one desktop computers from Tariff Item 8471 50 00 to 8471 30 10, which covers portable machines weighing under 10 kg. That attracted valuation on retail sale price under Section 4A of the Central Excise Act. The CESTAT upheld the change, reasoning that anything under 10 kg is portable. The Supreme Court reversed. 'Portable' must be read in the context of automatic data processing machines and in trade parlance, not by its dictionary sense. It requires both ease of carriage, judged by weight, dimensions and needed accessories, and suitability for daily transit. Large, fixed, stand-mounted units needing mains power are not portable. The Revenue failed to discharge its burden, so the declared classification stood.

Issues

  1. Whether all-in-one integrated desktop computers weighing under 10 kg are 'portable' automatic data processing machines classifiable under Tariff Item 8471 30 10 of the First Schedule to the Central Excise Tariff Act, 1985, or fall under Tariff Item 8471 50 00.

Provisions considered

Held

Result

Civil Appeal Nos. 5373 and 6715 of 2019 allowed; the CESTAT judgments dated 19.12.2018 and 24.06.2019 classifying the goods under Tariff Item 8471 30 10 set aside and valuation directed under Tariff Item 8471 50 00, with consequences to follow.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 1123.