2005 (2) TMI 309 - AT - Central Excise

Summary

Issues:
Classification of Gears and Shafts under Central Excise Tariff - Tariff Heading 84.32 vs. Chapter Heading 84.83.

Analysis:
The appeal dealt with the classification of Gears and Shafts under the Central Excise Tariff, specifically whether they should be classified under Tariff Heading 84.32 or Chapter Heading 84.83. The appellants argued for classification under Tariff Heading 84.32, contending that the gears were designed for use in Power Tillers for agricultural purposes. However, the Revenue asserted that the Gears and Shafts made for Power Tillers should be classified under Chapter Heading 84.83. The Tribunal referred to a previous ruling in the Sree Ganesh Gears Pvt. Ltd. case, where it was held that Gears and Shafts exclusively used in Power Tillers fall under Chapter Heading 84.83.

The learned Counsel argued that Interpretative Rule 3(a) should have been applied, emphasizing that goods should be classified based on the most specific description. He also referred to a letter from the Finance Minister clarifying the intent behind the Tariff rationalization. On the other hand, the learned SDR contended that Rule 1 of the Interpretative Rules mandates classification based on headings and notes, with specific reference to Note 2(a) of Section XVI in this case. The SDR supported the classification under Chapter Heading 84.83, citing relevant Tribunal rulings.

Upon careful consideration, the Tribunal upheld the classification of Gears and Shafts under Chapter Heading 84.83, in line with the Sree Ganesh Gears Pvt. Ltd. case. The Tribunal rejected the argument to apply Rule 3(a) and affirmed that classification must adhere to the terms of headings and relevant notes. While the demands were upheld within the normal period, the Tribunal set aside demands beyond the normal period and the penalty, as there was no intention to evade duty. The impugned order was modified to reflect the decision on the demands and penalty, maintaining the classification under Chapter Heading 84.83.