1999 (4) TMI 359 - AT - Central Excise

Summary

Issues:
Classification of 12 items manufactured by the appellants under Chapter sub-heading 90.26 and 91.06.

Analysis:
The dispute revolves around the classification of 12 items manufactured by the appellants. The Order-in-Original and the impugned Order-in-Appeal classified 10 items under Chapter sub-heading 90.26, such as Recorders and Modules, Omniscribe Strip Chart Recorders, MultiTemp., Multiscribe, Multipoint Recorders, Miniscribe Recorders, High Frequence Recorders, Water Level Recorders, among others. The remaining two items, Electrical Time Recorders and Converters, were classified under 91.06. The appellants argued that the instruments should be classified under sub-heading 90.30 as apparatus for measuring electrical quantities, contrary to the Department's classification under 90.26 for measuring liquids or gases. The appellants contested the presence of potentiometer bridges converting parameters into electrical signals as stated by the Department, emphasizing the absence of such components in their recorders.

Regarding the classification of the two items under 91.06, the appellants argued that these items do not contain clock or watch movements or synchronous motors, essential for classification under this sub-heading. They contended that the equipment must be connected to a Central Processing Unit (Computer) for operation, designed to work in conjunction with the computer to process data recording, attendance reports, etc. The appellants asserted that the reliance on the HSN Explanatory Note by the Collector was misplaced, as their equipment did not record employee arrival or departure times on cards. The appellants highlighted the necessity of examining relevant literature and samples to determine the correct classification based on the components and operational methods of the equipment.

After considering the submissions and perusing the records, the Tribunal found that the appellants' objections on facts were fundamental to the classification issue. The disagreement on the presence of potentiometer bridges in the recorders and the absence of clock or watch movements in the equipment under 91.06 necessitated a detailed examination of the components and operational mechanisms. Consequently, the matter was remanded to the jurisdictional Assistant Commissioner for a thorough review of the factual disputes and a fresh classification order, allowing the appellants an opportunity to present their case effectively.