2013 (10) TMI 1090 - AT - Central Excise

Essential Characteristics - Whether the machinery items supplied by the appellants are having the essential characteristic of lift assembled together Held that - A panel is appointed to examine the characteristics - The panel shall examine various materials supplied by the appellants for installation of lift along with the drawings and documents available with them - On inspection of those documents, the panel shall decide whether the various items of lift machinery manufactured by the appellants are having essential characteristics of lift if assembled.

Summary

Issues:
Consideration of whether machinery items supplied by the appellants have the essential characteristic of a lift assembled together.

Detailed Analysis:

Issue 1: Essential characteristic of lift machinery items
The judgment revolves around the central issue of determining whether the machinery items supplied by the appellants possess the essential characteristic of a lift when assembled together. The appellants relied on an affidavit by a Chartered Engineer and Professor of Mechanical Engineering, which was contested by the Special Counsel for the Revenue. As the Tribunal was unable to decide definitively on this matter, a panel comprising Chartered Engineers was appointed to examine the materials supplied by the appellants for lift installation. The panel was tasked with assessing whether the various items of lift machinery manufactured by the appellants exhibit the essential characteristics of a lift when assembled. Both parties were directed to share the expenses of the panel equally, and a deadline of two months was set for the panel to submit their reports.

Issue 2: Tribunal's role in determining classification of goods
A significant aspect highlighted in the judgment was the delineation of roles between the technical panel and the Tribunal. While agreeing to the appointment of the panel, it was emphasized that the Tribunal holds the responsibility of deciding the classification of goods, which includes determining whether a set of items possesses the essential character of a specific machine, such as a lift. The technical panel's role was clarified to focus on providing opinions on technical and engineering aspects, including the utility of various parts and the implications of missing components. The panel's insights were intended to assist the Tribunal in forming a decision regarding whether the parts supplied by the appellants could be classified as constituting a lift. It was underscored that the panel should not make a definitive decision on whether the machinery items have the essential characteristic of a lift when assembled.

This comprehensive analysis of the judgment showcases the meticulous approach taken by the Tribunal in addressing the core issue of the essential characteristic of the machinery items supplied by the appellants, while also clarifying the respective roles of the technical panel and the Tribunal in the classification process.