2005 (10) TMI 301 - AT - Central Excise

Summary

Issues:
Classification of Water Well Drilling Rigs under Chapter Sub-heading 8705.00 or Heading No. 8430.00.

Analysis:
The case involves a dispute regarding the classification of Water Well Drilling Rigs mounted on chassis of motor vehicles. The Revenue has classified the rigs under Chapter Sub-heading 8705.00, while the party argues for classification under Heading No. 8430.00. The Commissioner (Appeals) considered the integration of the machine with the chassis, noting that the chassis cannot be used for any other purpose due to the complete integration. The Revenue sought to apply the ratio of the Apex Court judgment in CCE v. L.M.P. Precision Engineering Co. Ltd. The JDR contends that the Commissioner's finding is incorrect, while the Counsel supports the classification adopted by the Commissioner.

Upon careful consideration, the Tribunal observed that the evidence for correct classification can be fully assessed at the final stage. The Commissioner (Appeals) provided strong reasons for upholding the party's classification under Heading No. 8430.00. The applicability of the Apex Court judgment is to be determined at a later stage. The Tribunal accepted the alternate prayer for early hearing and rejected the stay application, scheduling the matter for final hearing on 11th November, 2005.

In conclusion, the dispute revolves around the proper classification of Water Well Drilling Rigs, with the Revenue and the party differing on whether it falls under Chapter Sub-heading 8705.00 or Heading No. 8430.00. The Commissioner (Appeals) considered the integration of the rigs with the chassis, leading to the current classification. The Tribunal's decision to proceed with the final hearing indicates a need for further evaluation of evidence and application of relevant legal precedents, including the Apex Court judgment, to resolve the classification issue definitively.