1999 (2) TMI 280 - AT - Central Excise

Summary

Issues:
Classification of Borewell Compressor Pumps under Chapter Heading 8413.00 or 8414.18.

Analysis:
The judgment deals with Revenue appeals against an Order-in-Appeal regarding the classification of Borewell Compressor Pumps. The Collector (Appeals) had classified the pumps under Heading 8413. The issue was whether these pumps should be classified under Chapter Heading 8413.00 or 8414.18. The Tribunal noted that similar matters had been remanded for de novo consideration based on a Final Order passed by the Delhi Bench. The Tribunal referred to the judgment of the Calcutta High Court in the case of Birla Jute and Industries Ltd. v. Assistant Collector of Central Excise and emphasized the importance of Board's Circular in classifying goods under Heading 8413.

The Tribunal observed that in identical issues, matters had been remanded for de novo consideration in light of Board's instructions and circulars. It was highlighted that the Board's circulars are binding on the Adjudicating Authority, and if a circular is issued later, it applies retrospectively. The Tribunal emphasized that the Adjudicating Authority must consider Board's views on classification, even if not available at the time of the original order. Therefore, the Tribunal decided to remand the present appeals to the Assistant Commissioner for de novo consideration, following the approach taken in similar cases.

Based on the Tribunal's findings in the noted order and the need for consistency in decisions, the Tribunal concluded that the present appeals should also be remanded to the Assistant Commissioner for fresh consideration. The Assistant Commissioner was directed to re-examine the classification issue in light of the circular and provide a new order after allowing full opportunity for the parties to present their case. Consequently, the appeals were allowed by way of remand, emphasizing the importance of considering Board's circulars in classification matters to ensure uniformity in tax laws.