2003 (10) TMI 202 - AT - Central Excise

Summary

Issues involved: Classification of paper making machinery batch-wise/section-wise in CKD/SKD condition as paper making machinery under sub-heading 8439.10 or as parts under sub-heading 8439.90.

Summary:
The Appellate Tribunal CESTAT, Chennai addressed the issue of classification of paper making machinery cleared in CKD/SKD condition by the respondents-assessees. The Commissioner (Appeals) accepted the case of the assessees based on Rule 2(a) of Interpretative Rules, classifying the items as paper making machinery. The Department contended that the items should be considered as parts for classification purposes. The Tribunal noted that the items had reached the stage of complete machinery, applying Rule 2(a) of the Interpretative Rules, which states that incomplete goods having the essential character of complete goods should be classified as complete goods. The Tribunal referenced various judgments to support the classification of the items as complete machinery. Consequently, the Tribunal upheld the order of the Commissioner (Appeals) and rejected the appeals filed by the Revenue.

This judgment highlights the importance of interpreting the Central Excise Tariff Act rules, specifically Rule 2(a), in determining the classification of goods that are cleared in CKD/SKD condition. The Tribunal emphasized that when goods reach the stage of complete machinery, they should be classified as such, even if cleared batch-wise or section-wise. The decision underscores the significance of considering the essential character of goods in determining their classification for excise purposes.