2006 (10) TMI 335 - AT - Central Excise

Summary

Issues involved: Classification of palm oil mill machineries under Chapter 8437 or Chapter 8479, interpretation of tariff classification, imposition of penalty, treatment of sale proceeds as cum-duty prices.

Classification of palm oil mill machineries: The appellants manufactured palm oil mill machineries with various functions including extraction of oil from palm. The machinery consists of 23 parts and sub-assemblies performing different specified functions. The Department claimed classification under Chapter 8479 for "Machines and mechanical appliances having individual functions, not specified or included elsewhere in this Chapter." After considering the functions of the machineries and tariff Heading 8437, it was concluded that the classification under tariff Heading 8479 was appropriate.

Interpretation of tariff classification and penalty: The issue revolved around the interpretation of tariff classification. The appellants clarified that there was no mala fide intention involved and argued against the imposition of a penalty. The Tribunal accepted this plea, acknowledging the question of interpretation of tariff classification without any malicious intent.

Treatment of sale proceeds: The appellants raised an issue regarding the duty demanded, stating that the entire sale proceeds of the machinery were treated as prices instead of cum-duty prices. This issue was brought up for the first time before the Tribunal. As a result, the matter was directed to go back to the original authority for consideration of this specific issue alone.

Disposition: The appeal was disposed of with the decision favoring the classification under tariff Heading 8479 for the palm oil mill machineries. The Tribunal addressed the interpretation of tariff classification, the penalty imposition, and the treatment of sale proceeds, providing clarity on each aspect of the case.