2007 (10) TMI 621 - AT - Central Excise

Summary

Issues Involved:
1. Correct classification of the vehicle manufactured by the appellant.
2. Applicability of Maharashtra Motor Vehicle Rules for classification under Central Excise Act.
3. Validity of previous Tribunal orders and their impact on the current case.
4. Requirement of pre-deposit for hearing the appeal.

Summary:

1. Correct Classification of the Vehicle:
The primary issue is whether the appellant's vehicle should be classified under Chapter Heading No. 87.02 or 87.03 of the Central Excise Tariff Act, 1985. The appellant claims classification under 87.02, which pertains to "public transport type passenger motor vehicles," while the revenue contends it should fall under 87.03, which covers "motor cars and other motor vehicles principally designed for the transport of persons."

2. Applicability of Maharashtra Motor Vehicle Rules:
The adjudicating authority based its decision on Rules 79(7), 82, and 84 of the Maharashtra Motor Vehicle Rules, 1988, concluding that the vehicle did not meet the specifications for carrying ten passengers. However, the Tribunal had previously held that the provisions of the Motor Vehicle Act and the Rules made thereunder cannot be used for classification under the Central Excise Act.

3. Validity of Previous Tribunal Orders:
The Tribunal had earlier upheld the classification of the vehicle under Chapter Heading No. 87.02 in its Final Order No. A/1415/WZB/2005/C-II/EB dated 19-7-2005. This order was challenged by the revenue in the Supreme Court, but no stay was granted. The Tribunal noted that the classification list for the same period and vehicle had attained finality and could not be challenged in subsequent proceedings until reversed by a higher judicial forum.

4. Requirement of Pre-deposit:
The Tribunal considered the appellant's request for waiver of pre-deposit. Given that the classification issue had been previously settled in favor of the appellant and the substantial stakes involved, the Tribunal waived the pre-deposit of duties and penalties and stayed the recovery until the disposal of the appeal.

Conclusion:
The Tribunal concluded that the appellant had made a prima facie case for the waiver of pre-deposit and directed the registry to list the appeal for final hearing in December 2007. The Tribunal emphasized that the provisions of the Maharashtra Motor Vehicle Rules were not relevant for determining the classification of the vehicle under the Central Excise Act.