Case Law Details
In re Nokia Solutions and Networks India Private Limited (CAAR Mumbai)
The Customs Authority of Advance Ruling in Mumbai deliberated on the eligibility of Optical Line Terminals (OLTs) for a concessional Basic Customs Duty (BCD) rate of 10%. Nokia Solutions and Networks India Private Limited sought clarification, triggering a detailed analysis.
The applicant, engaged in network equipment manufacturing and trading, imports GPON OLTs, seeking the concessional BCD rate. Despite prior classification and clearance at a reduced rate, recent circulars led to BCD denial. The Circular No. 08/2023 clarified exclusion categories, potentially affecting the import of OLTs.
The contention arises from categorizing OLTs under “Combination of one or more of Packet Optical Transport Product or Switch (POTP or POTS).” The applicant argues the distinction between OLTs and POTPs/POTSs in terms of functionality, bandwidth, and deployment, asserting eligibility for the concessional rate.
Despite the applicant’s interpretation, the ruling hinges on Circular No. 08/2023, which designates OLTs as excluded items. While the applicant advocated for independent analysis, legal precedent and Customs Act provisions prioritize adherence to board directives, barring interference with appellate discretion.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
