1997 (11) TMI 147 - AT - Central Excise

Summary

Issues:
Classification of Thrust roller bearing disc and Rail for Mini Remotely Piloted Vehicle under the Central Excise Tariff Act, 1985.

Detailed Analysis:

1. Classification Dispute:
The appeal concerns the classification of Thrust roller bearing disc and Rail for Mini Remotely Piloted Vehicle under the Central Excise Tariff Act, 1985. The respondent classified the products under sub-heading No. 7308.90, while the Revenue sought to classify them under sub-heading No. 8483.00, arguing that the goods were specifically described under this sub-heading. The Collector of Central Excise (Appeals), Madras upheld the respondent's classification under sub-heading No. 7308.90.

2. Arguments by Respondents:
The respondents contended that the Thrust roller bearing disc and Rail for Mini RPV should not be classified under sub-heading No. 8483.00 as they were not covered by it. They argued that the products were rightly classified under sub-heading No. 7308.90 due to their specific nature and composition.

3. Revenue's Position:
The Revenue, represented by Shri M. Jayaraman, argued that the goods fell under Tariff Entry No. 8483.00 as they were specifically designed for the purposes outlined under this entry. They emphasized that the adjudicating authority had correctly classified the goods under this sub-heading.

4. Consideration of the Matter:
Upon careful consideration, it was noted that the Thrust roller bearing disc and Rail for Mini Remotely Piloted Vehicle were fabricated products designed for specific use by the Indian Space Research Organisation (ISRO) in space applications. These products were not meant for general use and were manufactured as per the specific requirements of ISRO under pre-arranged contracts.

5. Tariff Classification:
The Collector (Appeals) had classified the products under sub-heading No. 7308.90, which pertains to structures and parts of structures of iron or steel prepared for use in such structures. However, the Revenue sought classification under Heading No. 84.83, which covers transmission shafts, gears, and related components.

6. Decision and Rationale:
Considering the nature and specific use of the products, the Tribunal found that the classification under sub-heading No. 7308.90 was not appropriate. Therefore, the impugned order-in-appeal was set aside, and the order passed by the Assistant Collector of Central Excise, Bangalore was restored. Consequently, the appeal filed by the Revenue was allowed.

This detailed analysis highlights the classification dispute, arguments presented by both parties, the specific nature of the products, relevant tariff classifications, and the Tribunal's decision based on the products' unique characteristics and intended use.