2002 (12) TMI 349 - AT - Central Excise

Summary

Issues: Classification of manufactured articles

In this judgment by the Appellate Tribunal CEGAT, Mumbai, the issue at hand is the classification of nine articles manufactured by the appellant, including crank shafts, plain shafts, shafts, gears, bearing gears, pinions, housing, bearing housings, and pulleys. The Commissioner (Appeals) had classified these goods under Heading 84.83 of the Central Excise Tariff, a decision that the appellant contested.

Analysis:

The appellant argued that the goods were specially manufactured for use in textile machinery or forging hammers, and therefore, should be classified along with the machinery they are part of. The appellant relied on various tribunal decisions to support this claim. However, the tribunal noted that Note 2(a) to Section XVI of the Central Excise Tariff specifies the criteria for classifying parts of machinery. It states that parts included in Chapter 84 or Chapter 85 are to be classified in their respective headings. Since the goods in question fell under the headings specified in Heading 84.83, they were rightly classified there. The tribunal found the reliance on Note 2(b) misplaced, as it refers to parts other than those specified in Note 2(a).

Regarding the cited tribunal decisions, the tribunal analyzed each case to determine their relevance. It was clarified that the decisions concerning classification of different goods or goods falling under different sections of the Tariff were not applicable to the current case. The tribunal concluded that there was no reason to interfere with the classification approved by the department. However, considering the possibility of the appellant's confusion regarding the correct classification, the penalty imposed on the appellant was set aside.

In conclusion, the tribunal allowed the appeal in part, maintaining the classification of the goods while waiving the penalty imposed on the appellant.