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.