2009 (3) TMI 316 - AT - Central Excise

Classification of the Turbo Generating Sets (TG sets) - we find that the appellants have entered into contract with their customers for Turbo Generator Sets. It has already been explained that the TG sets have to be manufactured with the help of various sub-assemblies over a lengthy period of time in view of the complexity of the job. appellant only supplied TG sets and not their parts entire thing will be assembled at customer s site but clearance is only in respect of various components Consignments cleared over a period of time from appellant s factory put together have essential characteristics of Turbo Generator Sets - Notwithstanding the fact that some components are bought out and directly go to the customer s places, we are of the considered opinion that in view of the Rules of Interpretation 2(a), the consignments cleared by the appellants over a period of time under the contracts entered with their customers should be classified only as Turbo Generator set.

Issues Involved:
1. Classification of Turbo Generating Sets (TG sets) and their parts.
2. Applicability of Interpretative Rule 2(a) and Section XVI Note 4 of the Central Excise Tariff Act, 1985.
3. Relevance of previous Circulars and Tribunal decisions.
4. The Department's contention and alternative submissions by the appellants.

Issue-wise Detailed Analysis:

1. Classification of Turbo Generating Sets (TG sets) and their parts:
The primary issue in these appeals is whether the Turbo Generating Sets (TG sets) manufactured by the appellants should be classified as complete TG sets or merely as parts of TG sets. The Department's case is that the appellants never manufactured complete TG sets but only parts, which were cleared over time. The appellants argued that the items cleared over a period should be considered as TG sets for classification and assessment purposes.

2. Applicability of Interpretative Rule 2(a) and Section XVI Note 4 of the Central Excise Tariff Act, 1985:
The appellants contended that under Interpretative Rule 2(a), incomplete goods having the essential character of complete or finished goods should be classified as complete or finished goods. They also cited Note 4 of Section XVI, which states that a machine consisting of individual components intended to contribute together to a clearly defined function should be classified under the heading appropriate to that function. The Tribunal agreed with the appellants, stating that even though the TG sets were cleared in several consignments over time, they should be classified as TG sets in knocked-down condition.

3. Relevance of previous Circulars and Tribunal decisions:
The appellants referred to various Circulars and Tribunal decisions supporting their case. They cited a 1975 departmental letter acknowledging the difficulty in apportioning assessable value for different consignments and a 1997 Board Circular clarifying that goods assembled at site should be treated as clearances in knocked-down condition. They also relied on several Tribunal decisions, including the Flat Products Equipments (I) Ltd. case, which held that goods cleared in various consignments should be classified as whole machinery. The Tribunal found these precedents relevant and applicable to the present case.

4. The Department's contention and alternative submissions by the appellants:
The Department argued that the complete TG set was never manufactured at the same time and that the parts cleared did not have the essential character of the final product. They also cited a 2002 CBEC Circular stating that goods cleared from the factory should be assessed as parts if the final product becomes immovable and hence not excisable. The appellants countered this by stating that the Circular was not relevant to the present case and that the classification should be based on the contract for the supply of TG sets. They also made an alternative submission that if the goods cleared cannot be considered as TG sets, they should be classified under their respective headings, not as parts of TG sets.

Conclusion:
The Tribunal concluded that the appellants' consignments cleared over a period of time should be classified as Turbo Generating Sets in knocked-down condition, applying Interpretative Rule 2(a) and Note 4 of Section XVI. The Tribunal found no merit in the Department's arguments and set aside the impugned orders, allowing the appeals with consequential relief. The decision emphasized that the classification should be based on the contract for the supply of TG sets and the essential character of the goods cleared.

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