2008 (1) TMI 722 - AT - Central Excise

Summary

Issues Involved: Classification of goods u/s 8404.10 and 8404.90, differential duty-demand, interpretation of General Interpretative Rule 2(a).

The appellants received a Purchase Order from M/s. BHEL for manufacturing and supply of Turbine Integral Piping Nine Systems. The Department classified the goods under sub-heading 8404.90 chargeable to duty @15%, while the appellants argued for classification under sub-heading 8404.10 at a lower duty rate of 10%.

The appellants contended that the goods supplied should be treated as two integrated auxiliary plants for boilers and classified under sub-heading 8404.10. The Department, however, considered the goods as parts of auxiliary plants and classified them under sub-heading 8404.90 at a higher duty rate of 15%, leading to a differential duty-demand on the appellants.

Shri C.R. Das, representing the appellants, argued that the goods in question should be treated as a complete auxiliary plant based on previous Tribunal decisions. The goods were supplied in several consignments over a period of time but against one Purchase Order, indicating they should be classified under sub-heading 8404.10 at 10% duty rate.

After considering the arguments and perusing the case records, the Tribunal found that the goods were dispatched in multiple consignments over a significant period. The General Interpretative Rule 2(a) allows classification of incomplete or unfinished articles under specific headings if they have the essential character of the complete article. However, in this case, the parts supplied did not have the essential character of the complete machinery, as they were cleared separately over time. Therefore, the lower Appellate Authority's classification under sub-heading 8404.90 was deemed appropriate and in line with the Rule. The Tribunal upheld the decision, noting that the penalty had already been set aside by the lower Appellate Authority, and no further relief was required for the appellants. The appeal was rejected.