CUSTOMS EXCISE & SERVICE TAX APPELLATE TRIBUNAL
Hyundai Motor India Ltd – Appellant
Versus
CC SEA Ch - II – Respondent
C/40403/2016
##PAGE1##
CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL
CHENNAI
REGIONAL BENCH – COURT NO. III
Customs Miscellaneous Application No.40995 of 2025
&
Customs Appeal No.40403 of 2016
(Arising out of Order-in-Appeal C. Cus II No.870/2015 dated 03.09.2015
passed by Commissioner of Customs (Appeals-II), 60, Rajaji Salai,
Custom House, Chennai-600 001.)
M/s. Hyundai Motor India Limited ....Appellant
Plot No.H-1, SIPCOT Industrial Park,
Irungattukotttai, Sriperumbudur Taluk,
Kancheepuram District
Tamil Nadu 602 117.
Versus
Commissioner of Customs … Respondent
(Seaport-Import)
60, Rajaji Salai,
Custom House,
Chennai-600 001.
APPEARANCE:
Shri T. Viswanathan, Advocate
Shri D. Santhana Gopalan, Advocate
Shri S. Ganesh Arvindh, Advocate
for the Appellant
Shri Sanjay Kakkar, Authorized Representative for the Respondent
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CORAM:
HON’BLE MR. P. DINESHA, MEMBER (JUDICIAL)
HON’BLE MR. VASA SESHAGIRI RAO, MEMBER (TECHNICAL)
FINAL ORDER No.40163/2026
DATE OF HEARING: 31.10.2025
DATE OF DECISION: 29.01.2026
Per: Shri P. Dinesha
This Appeal is filed by the Appellant against Order-in-
Appeal No. C. Cus II No.870/2015 dated 03.09.2015 passed
by Commissioner of Customs (Appeals), Chennai. The
prayer of the Appellant in MA for filing additional documents
in Appeal record is allowed.
2. Brief and relevant facts as could be gathered from
impugned Order-in-Appeal are that Appellant is engaged,
inter alia, in the manufacture of motor vehicles. They filed a
Bill of Entry No.5057284 dated 31.03.2024 through their
Customs Broker M/s. Sun Global Logisics Private Ltd.,
Chennai for clearance of one consignment declared to
contain “Manifold Absolute Pressure and Air Temperature
Sensors (MAP & AT Sensor)” imported by them from their
##PAGE3##3
related supplier M/s.Hyundai Motor Company, Korea. The
importer classified the goods under CTH 90262000 for the
purpose of assessment of duty. The Department was of the
view that the goods are correctly classifiable under CTH
90319000 as part of measuring and checking instrument.
3. The Appellant-Importer manufactures motor vehicles,
most of which run on internal combustion engines. Internal
combustion engines operate by mixing air and fuel at a
specified pressure to cause the combustion of the fuel. The
combustion causes heat and expansion, propelling the
pistons resulting in kinetic energy. Airflow into cylinders of
engines is controlled by valves. When these valves open is
termed "timing”. The proportion of air and fuel in the
cylinder/combustion chamber is the "richness" or
"enrichment" of the fuel. The Electronic Control Unit (ECU)
is an electronic device that, inter alia, calculates air density,
determines the engine’s air mass flow rate, adjusts timing
and fuel enrichment, etc., so as to facilitate some automatic
control to secure optimal engine performance. The ECU
requires information as to the pressure and air temperature
in the intake manifold of the engine. The intake manifold is
that portion of an engine which, inter alia, permits and
##PAGE4##4
regulates the inflow of air and fuel into the combustion
chamber.
4. The imported goods are "Manifold Absolute Pressure
and Air Temperature" sensors (MAP and AT sensors). These
sensors sense (i.e., continuously measure) the intake
manifold air temperature and pressure and send signals to
the ECU. This sensor has a silicon chip mounted inside it. On
one side of the chip, there is a reference pressure which is
either a perfect vacuum or a pre-calibrated pressure. The
other side is exposed to the pressure that is actually to be
measured. The flexion in the silicon chip consequent to the
pressure to be measured causes its resistance to vary which
in turn alters the voltage of the electrical signal sent to the
ECU. The ECU detects this change in the voltage signal as a
pressure variation. A broadly similar process is followed for
the measurement of temperature by the MAP and AT sensor
too.
5. The Appellant imported these sensors and declared
them under CTH 90262000. Heading 9026 is "Instruments
and apparatus for measuring or checking the flow,
l
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