2000 (8) TMI 555 - AT - Central Excise

Summary

Issues:
Classification of Iron and copper sintered bushes under Sub-heading 7308.90 and 7413.90 or under sub-heading 84.83 of the Central Excise Tariff Act.

Analysis:
The appeals revolved around the classification of Iron and copper sintered bushes manufactured by M/s. M.M. Sintered Products. The main issue was whether these products should be classified under Sub-heading 7308.90 and 7413.90, as claimed by the appellants, or under sub-heading 84.83 of the schedule to the Central Excise Tariff Act, as decided by the Collector (Appeals).

Arguments by Appellant:
The appellant's advocate argued that the review order by the Collector was time-barred as it lacked proper documentation and communication. They contended that the show-cause notice issued for reclassification was unjustified. On the merit of the case, the advocate highlighted that classification based on function or use is inappropriate. They referenced legal precedents to support their stance and criticized the reliance on the appellant's catalogue for classification.

Arguments by Respondent:
The Department's representative argued that they had the authority to issue show-cause notices for modifying the classification list. They emphasized the importance of end use and trade understandings in determining classification, citing legal judgments to support their position. The respondent contended that the impugned product was essentially a plain shaft bearing based on commercial understanding and self-lubricating properties.

Judgment:
After considering both sides' submissions, the Tribunal found that the Department had failed to substantiate the classification of the impugned products under Heading 84.83 of the Excise Tariff. The Tribunal disagreed with the Department's argument that the absence of rings in the product was justified due to its self-lubricating nature. They noted the lack of evidence regarding the commercial understanding of the products as plain shaft bearings. Relying on legal precedents, the Tribunal concluded that the Department's reliance on the appellant's catalogue was of little evidentiary value. Consequently, the impugned order was set aside, and both appeals were allowed based on merit.

This detailed analysis covers the issues raised in the legal judgment regarding the classification of Iron and copper sintered bushes under different sub-headings of the Central Excise Tariff Act.