2006 (12) TMI 438 - AT - Central Excise

Summary

Issues: Classification of vacuum circuit breakers under Central Excise Tariff Act, 1985 u/s 8535 or 8537.

Summary:
The appeal challenged the re-classification of vacuum circuit breakers under chapter heading 8537 by the Commissioner (Appeals) based on a circular issued by the Board u/s 37B of the Central Excise Act, 1944. The appellant contended that their products should be classified under sub-heading 8535. The Advocate cited the Tribunal's decision in S & S Power Switchgear Ltd. v. CCE, Chennai-II and emphasized the relevance of HSN Notes in determining classification. On the other hand, the Department relied on the Tribunal's decision in Crompton Greaves Ltd. v. CCE, Aurangabad.

Upon review, it was noted that the Board's order, which favored classification under 8537, was issued after the period in question. Citing the majority decision in S & S Power Switchgear, it was concluded that the Board's order under Section 37B applied prospectively. The products were found to align with sub-heading 8535, considering the HSN Explanatory Notes. The previous case cited by the Department was deemed irrelevant as it pertained to different products.

Therefore, the impugned order was set aside, and the appeal was allowed in favor of the appellant, in line with the majority decision in S & S Power Switchgear.