2001 (12) TMI 181 - AT - Central Excise

Summary

Issues:
1. Classification of machinery parts under different headings for duty assessment.

Analysis:
The judgment by the Appellate Tribunal CEGAT, Kolkata involved the classification of machinery parts under different headings for duty assessment. The impugned order passed by the Commissioner of Central Excise raised demands on the appellants for manufacturing parts, spares, components, and sub-assemblies of machinery under Heading 84.31 instead of the complete machinery under Heading 84.28. The Commissioner confirmed the duty demand and imposed a penalty. The appellants, represented by a Chartered Accountant, argued that they manufacture and clear complete machinery in CKD condition due to their large size, spreading the manufacturing process over time. They also purchase parts from other manufacturers, clear them along with their own parts, and pay duty on the entire contract value. Citing precedents, the appellants contended that complete machines cleared in CKD condition should be assessed as machines, not parts. The Tribunal agreed with the appellants, acknowledging that entire parts of complete machines cleared over time should be assessed as machines. However, due to multiple contracts involved, the matter was remanded to the Commissioner for verification and fresh decision.

This judgment clarifies the classification of machinery parts for duty assessment when cleared in CKD condition. It establishes that complete machines cleared in parts over time should be assessed as machines, not individual parts. The Tribunal emphasized the need to verify if duty was paid on the entire contract value of the machines in cases involving multiple contracts. The decision provides guidance on assessing machinery cleared in unassembled sets and reinforces the principle that unassembled parts of a complete machine should be classified as the machine itself. The judgment underscores the importance of paying duty on the total contract value of machines cleared in parts to ensure accurate assessment under the appropriate heading.