2008 (2) TMI 137 - AT - Central Excise

Classification of wrist watches bearing brand name Classic - having regard to the value of the product there is no difficulty in concluding that the goods will not fall under heading 91.01 and as such they would fall under heading 91.02 which is the residuary heading for the item watches - product in question which is a complete wrist watch would be classifiable under heading 91.02 - Jt. Commissioner had rightly classified the goods u/sh 9102.90 i.e. other revenue s appeal allowed

Summary

Issues:
Classification of wrist watches under Central Excise Tariff Act, 1985.

Detailed Analysis:
The dispute in this case revolves around the classification of wrist watches bearing the brand name "Classic" under the Central Excise Tariff Act, 1985. The respondent was involved in the assembly of wrist watches during the relevant period and cleared them without payment of duty. A show cause notice was issued, demanding duty payment of Rs. 1,46,268, out of which Rs. 25,032 had already been paid. The Joint Commissioner confirmed the demand, imposed interest under Section 11AB, and penalty under Section 11AC. The Commissioner (Appeals) reversed the order-in-original, stating that the watches could not fall under Chapter sub-heading 91.01 and 91.02, but should be classified under sub-heading 91.10.

Upon review, the Appellate Tribunal found that the Commissioner (Appeals) misinterpreted sub-heading 91.10. The entry refers to "complete watch or clock movements, unassembled or partly assembled; incomplete watch or clock movements, assembled; rough watch or clock movements." The term 'movements' applies to both watches and clocks, indicating that the inner parts of a watch or clock, whether complete or incomplete, fall under this entry. In this case, the assembled wrist watches resulting from the respondent's activities constitute a new product. The Tribunal clarified that wrist watches are covered under Chapter heading 91.01 and 91.02, with the subject goods being classifiable under heading 91.02.

The Tribunal highlighted that all wrist watches falling outside the description of heading 91.01 would be classified under heading 91.02, which serves as the residuary heading for watches. The Commissioner (Appeals) erred in reversing the classification made by the Joint Commissioner, who correctly classified the goods under sub-heading 9102.90. As 'Braille watches' fall under sub-heading 9101.10, the product in question, being classified under 'Other' i.e., 91.01.90, was appropriately classified by the Joint Commissioner. Consequently, the Tribunal set aside the order of the Commissioner (Appeals), upheld that of the Joint Commissioner, and allowed the appeal of the Revenue.

In conclusion, the judgment clarifies the classification of wrist watches under the Central Excise Tariff Act, emphasizing the correct interpretation of sub-headings and the application of relevant provisions for determining the appropriate classification of goods for duty payment purposes.