2008 (10) TMI 53 - AT - Central Excise

Tribunal allowed the appeal filed by the Revenue and held that Connector fitted with wire is classifiable under SH 8544.00 of the First Schedule to Tariff held that connectors fitted with wire still remain as connectors and it cannot be equated with wire or cable order of tribunal is not justified classification should be determined on basis of terms of heading - Commissioner (Appeals) rightly classified the connectors with wire under Heading No. 8536.90 revenue s appeal rejected

Summary

Issues: Classification of "Connector with Wire" under Central Excise Tariff Act, 1985

Issue 1: Background and Context
The appeal was heard based on the Supreme Court's order in Civil Appeal No. 5644 of 2001, which remanded the matter to the Tribunal for a fresh decision. The initial classification of "Connector with Wire" under sub-heading No. 8536.00 by the Commissioner (Appeals) was contested by the Revenue, who sought classification under sub-heading No. 8544.00 of the Tariff.

Issue 2: Previous Proceedings and Classification Lists
The assessee had initially classified the products under sub-heading No. 8529.00 of the Tariff, later approved as sub-heading No. 8536.90 for "Connector without wire" and sub-heading No. 8544.00 for "Connectors with wire." The Commissioner (Appeals) reclassified the product under sub-heading No. 8536.90, leading to the Revenue's appeal before the Tribunal.

Issue 3: Tribunal's Referral to Larger Bench
The Tribunal referred the matter to the Larger Bench due to conflicting decisions on the classification of similar goods. The Larger Bench, in its Final Order, classified the goods under Heading No. 85.44 of the Tariff, prompting the assessee to appeal to the Supreme Court.

Issue 4: Supreme Court's Observations and Remand
The Supreme Court set aside the Larger Bench decision and remanded the matter back to the Tribunal, emphasizing the need for specific findings on three circumstances relied upon by the Commissioner (Appeals) for classification under sub-heading No. 8536.90.

Issue 5: Tribunal's Analysis and Decision
The Tribunal analyzed the classification under Heading No. 85.44, emphasizing that it covers insulated wire, cable, and other conductors irrespective of connectors. It rejected the Revenue's argument that connectors with wire should be classified under Heading No. 85.44, affirming that they remain connectors and not insulated wire.

Issue 6: Legal Interpretation and Precedents
The Tribunal rejected the Revenue's reliance on a previous case involving different goods, highlighting the distinction between the products in question. It also supported the Commissioner (Appeals) and a previous Tribunal decision in classifying connectors with wire under sub-heading No. 8536.90.

Issue 7: Final Decision and Rationale
Based on the analysis, the Tribunal upheld the Commissioner (Appeals)'s classification of connectors with wire under sub-heading No. 8536.90, rejecting the Revenue's claim for classification under Heading No. 85.44. The appeal filed by the Revenue was consequently rejected.

This detailed analysis covers the legal judgment's background, proceedings, interpretations, and the final decision regarding the classification of "Connector with Wire" under the Central Excise Tariff Act, 1985.