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2017 (10) TMI 741 - AT - Central ExciseClassification of goods - Control Panels - period involved is November, 2006 to August, 2007 - Held that - the Tribunal in their own case has held that Ground Power Unit is classifiable under 8803 in terms of Note 3 of Section XVII, in the appellant s own cases, 1998 (6) TMI 563 - CESTAT CHENNAI , the demand is unsustainable - appeal allowed - decided in favor of appellant.
Issues:
Classification of control panels and corresponding duty demand. Analysis: The case involved the classification of control panels used in the manufacture of Ground Power Units. The appellants were accused of manufacturing and clearing Control Panels for captive consumption without payment of duty. The department alleged that the control panels were classifiable under Heading 85.37. The original authority confirmed the classification under 8537 1000/ 8537 2000 and imposed a penalty of &8377; 1,00,000 under Rule 25 of Central Excise Rules, 2002. The Commissioner (Appeals) upheld this decision, leading to the appeal before the Tribunal. The appellant argued that the control panels were designed specifically for Ground Power Units and parts of aircraft, thus classifiable under 8803, not 8537. They cited previous decisions in their favor, where compressors and Ground Power Units were classified as parts of aircraft under 8803. The appellant also highlighted that parts of aircraft are exempted under specific notifications. Relying on their previous cases, the Tribunal concluded that the demand was unsustainable. Citing the decisions reported in 2001 (138) ELT 1152 and 2007 (211) ELT 123, the Tribunal set aside the impugned order, allowing the appeal with consequential relief. In conclusion, the Tribunal ruled in favor of the appellant, holding that the control panels were classifiable under 8803 and not 8537. The decision was based on previous judgments and the exemption of parts of aircraft under specific notifications. The impugned order was set aside, and the appeal was allowed with any consequential relief deemed necessary.
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