2000 (10) TMI 431 - AT - Central Excise

Summary

Issues involved:
Classification of imported machine as Tool Room Precision Coordinate Jig Boring Machine or Universal Milling machine.

Analysis:
In the appeal filed by M/s. Sheet Metal Industries, the primary issue revolved around the classification of the imported machine. The Appellants contended that the machine was used for precision boring and micro boring operations, specifically for Jig Boring of various plates and components. They argued that the machine was correctly classified by Bombay Customs under Heading No. 84.45/48, benefiting from Notification No. 40/78. However, the Collector of Customs disagreed, asserting that the machine was not a Jig Boring machine and was not covered by the Open General License (OGL) or Notification No. 40/78-Cus. The Appellants also raised concerns regarding the completeness of the documents provided to them during the proceedings, highlighting discrepancies in the information supplied. They further cited a Measurement Report from the Central Machine Tool Institute (CMTI), Bangalore, supporting their claim that the imported machine was indeed a Jig Boring Machine.

Additionally, the Appellants referenced a previous decision involving Tata Iron Steel Company Ltd. where the Tribunal differentiated between Universal Milling Machines, Boring Machines, and Jig Boring Machines, emphasizing the technical distinctions. They also mentioned a case involving Sukeshan Equipments Pvt. Ltd., where the Supreme Court had referred the matter to an expert nominated by CMTI to determine the classification of the imported machines. Drawing parallels to these precedents, the Appellants requested a similar expert examination for their case.

The Department, represented by Dr. Ravindran Babu, acknowledged the precedent set by the Supreme Court in the Sukeshan Equipments case and supported the idea of appointing an expert nominated by CMTI to resolve the classification issue at hand.

Upon considering the arguments presented by both parties, the Tribunal concurred that the classification issue was highly technical and required expert evaluation. In alignment with the approach taken in the Sukeshan Equipments case, the Tribunal decided to remand the matter to the Adjudicating Authority for examination by an expert nominated by CMTI. The expert's opinion, based on the machine's condition since importation, would be binding on both parties. Consequently, the Tribunal allowed the appeal by remanding the case for expert assessment, leaving other aspects, such as the assessment of imported parts and potential under-valuation, to be addressed by the Commissioner during the fresh adjudication process.