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High Court upheld remission on issue if cartidges would come under IT software
High Court upheld remission on issue if cartidges would come under IT software
Tullow India carried out seismic survey for exploring oil/gas in Gulf of Kutch, and survey response was recorded on magnetic tapes which were imported by assessee, claiming exemption from customs duty, claiming tapes to be IT softwares. Tullow could not produce essentiality certificate. Tribunal held cartidges would come under IT software and remitted the matter. High Court upheld Tribunals order.-900318
1. M/s. Tullow India Operations Limited, for exploring oil/gas, carried out seismic survey in the Gulf of Kutch.
2. The survey response was recorded on magnetic tapes and converted to digital formand using software applications named Seismos.
3.Theese tapes in the form of cartridges were imported by the assesses who claim exemption from customs duty in terms of the exemption notification, claiming the tapes to be IT softwares.
4. Tullow could not produce the essentiality certificate.
5.The Tribunal held that the cartridges would come within the purview of expression "IT Software" within the meaning of the exemption provision.
6. It remitted the matter back to the Commissioner for availability of the exemption. The High Court held as under:
7. The essentiality certificate, thus, must be treated to be a proof of the fact that the importers have fulfilled the conditions enabling them to obtain the benefit under the exemption notification.
8. The Tribunal has committed no illegality in remitting the mater back to the Commissioner.
