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Supreme Court of India · 2006-10-19

COMMISSIONER OF CUSTOMS, BANGALORE vs M/S. SPICE TELECOM, BANGALORE

Citation / case number
SC 2005/29030
Court
Supreme Court of India
Petitioner
COMMISSIONER OF CUSTOMS, BANGALORE
Respondent
M/S. SPICE TELECOM, BANGALORE
Author
BHAN
Bench
ASHOK BHAN, ALTAMAS KABIR & DALVEEER BHANDARI

Judgment text excerpt

The Supreme Court ruled that Radio Terminals imported by the respondent do not qualify as 'Base Transceivers Station (BTS) ancillary equipment' under Notification No. 11/97-Cus, as amended by Notification No. 51/97. The Court held that the Deputy Commissioner of Customs correctly classified the Radio Terminals as independent interconnectivity apparatus, not part of BTS or its ancillary equipment, thus denying the exemption claim under Section 25 of the Customs Act, 1962. The appeal was dismissed, affirming the lower authorities' decisions.

COMMISSIONER OF CUSTOMS, BANGALORE vs M/S. SPICE TELECOM, BANGALORE · Niyam