1989 (1) TMI 228 - AT - Central Excise

Summary

Issues:
1. Jurisdiction of the Tribunal over revision application transferred from Additional Secretary, Ministry of Finance.
2. Classification of imported lead-in-wires under Customs Tariff Act, 1975.
3. Claim for refund based on predominance of Nickel in imported item.
4. Applicability of earlier Tribunal judgment in the appellant's case.
5. Dismissal of appeal by the Appellate Collector of Customs.
6. Arguments by the Departmental Representative for maintaining the assessment under a specific heading.
7. Benefit of earlier Tribunal judgment in similar case regarding lead-in-wires.

Analysis:
1. The Tribunal had jurisdiction over a revision application transferred from the Additional Secretary, Ministry of Finance, Department of Revenue, New Delhi, as per Section 131B of the Customs Act, 1962. The case involved the Mysore Lamps Works Limited appealing against the order-in-appeal passed by the Appellate Collector of Customs, Madras, regarding the classification of imported lead-in-wires.

2. The dispute centered around the classification of the imported lead-in-wires under the Customs Tariff Act, 1975. The appellant contended that the predominant presence of Nickel in the imported item should classify it under heading 75.04/06 instead of heading 85.18/27(4) as parts of filament lamps, as assessed by the Assistant Collector of Customs.

3. The appellant made a claim for refund based on the argument that the imported item primarily consisted of Nickel, warranting a different classification. The Assistant Collector rejected this claim, stating that the lead wires were specifically made components of lamps assessable under a different heading.

4. The appellant relied on an earlier Tribunal judgment in their own case against the Collector of Customs, Madras, to support their claim. The appellant's representative argued that the present matter was similar to the previous case and should be decided in their favor based on the precedent set by the earlier judgment.

5. The Appellate Collector of Customs had dismissed the appellant's appeal, upholding the findings of the Assistant Collector regarding the classification of the lead-in-wires. This decision led the appellant to file an appeal before the Tribunal seeking a different outcome based on the arguments presented.

6. The Departmental Representative argued in favor of maintaining the assessment under the specific heading of 85.18/27(4), contending that the lower authorities had correctly classified the imported lead-in-wires. The representative urged for the dismissal of the appellant's appeal based on the assessment made by the previous authorities.

7. The Tribunal, after considering the facts and circumstances of the case, agreed with the appellant's contention regarding the classification of the lead-in-wires. Referring to the earlier Tribunal judgment in a similar case, the Tribunal allowed the appeal, granting the appellant the benefit of the precedent set by the previous decision. The Tribunal's decision was based on the substantial processing required for the lead-in-wires before fitting them into electric lamps, leading to the classification under heading 75.04/06 of the Tariff.