Regarding duty liability on the activity of creating a computer network
from duty computers
Circular
No. 497 dated 30th November 1999
I
am directed to say that doubts have been expressed whether computer network
installed at customer premises by inter-connecting duty paid computers and
peripherals will amount to manufacture under the Central Excise Act, 1944.
2.
The matter has been examined by the Board. It is observed that, Computers
and computer network are covered under heading 84.71 of Central Excise Tariff. A
computer network can be defined as two or more computers & devices like
printers connected together. A network is built in order to share the devices
like printer or scanner among many computers and to share the information
available on different computers. Network enables simultaneous work on different
computers, which is coordinated by the father-computer called
"Server". It also facilitates communication between two computers by
different means.
3.
There may be different types of networks and many ways in which these can
be used. A local area network (LAN) is a number of related computers &
electronics devices that share information over a transmission media. A similar
network over a large scale involving offices over different cities and countries
is known as Wide Area Network (WAN).
4.
A network does not remain static. There would be changes, additions and
deletions from the network. With each addition, a new network comes into
existence, which is different from the previous network.
5.
In view of the above facts and taking note of the existing law, Board is
of the view that the activity of creating a computer network from duty paid
computer network from duty paid computers and peripherals would not amount to
manufacture, in so far as the network does not bring into existence good with a
distinct new name, character and use.
6.
Trade and field formations may be informed accordingly.
7.
Receipt of this Circular may please be acknowledged.
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