2000 (4) TMI 264 - AT - Central Excise

I.C. Engines which are part of railway locomotives - Eligibility to Notification No. 88/93-C.E.

Summary

Issues:
- Benefit denial under Notification No. 88/93-C.E.
- Classification of IC engines under Chapter 84
- Interpretation of circulars issued by the Ministry of Finance
- Re-examination of matter based on clarifications

Analysis:
The appellants challenged the denial of benefits under Notification No. 88/93-C.E., which was based on the classification of IC engines under Chapter 84 of the Central Excise Tariff. The appellants argued that IC engines, although classified under Chapter 84, should be eligible for the notification benefit when used as part of diesel locomotives falling under Heading 86.02. They relied on a circular and a clarification by the Ministry of Finance, emphasizing that parts used in IC engines, which are then captively used in locomotives, are entitled to the notification's benefits. The Ministry's documents clarified that parts used in the factory production of goods under Heading Nos. 86.01 to 86.06 would be exempted from duty, irrespective of their classification in any chapter heading. The Tribunal noted that these clarifications were issued after the impugned order, necessitating a re-examination of the matter.

The Tribunal found that the impugned order denying the benefit of the notification needed re-consideration in light of the circular and clarification from the Ministry of Finance. As a result, the Tribunal set aside the order and remanded the matter to the adjudicating authority for fresh consideration. The adjudicating authority was instructed to provide the appellants with a personal hearing and decide the issue afresh. The appeal was disposed of by way of remand, allowing for a re-evaluation of the appellants' eligibility for the notification benefits based on the new information provided by the Ministry of Finance.