9911796707
TMI Blog2008 (2) TMI 137X X X X Extracts X X X X X X X X Extracts X X X X ..... that the goods will not fall under heading 91.01 and as such, they would fall under heading 91.02 which is the residuary heading for the item ‘watches’ - product in question which is a complete wrist watch would be classifiable under heading 91.02 - Jt. Commissioner had rightly classified the goods u/sh 9102.90 i.e. ‘other’ – revenue’s appeal allowed X X X X Extracts X X X X X X X X Extracts X X X X ..... imposed penalty equal to the amount of duty of Rs. 1,11,608/- under Section 11AC of the Act. The Jt. Commissioner held that the items are covered by chapter sub-heading 9102.90 of the Schedule to the Central Excise Tariff Act, 1985. On appeal by the respondent, the Commissioner (Appeals) took the view that in terms of Note 2 to Chapter 91, for the purpose of classification under heading 91.02, wri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d or partly assembled or unassembled - would fall under the said entry. In the instant case, the subject goods was the result of a process viz, assembling process/activities carried on by the respondents resulting in a new product i.e. complete wrist watched. Wrist watches find mention in Chapter heading 91.01 and 91.02. For the sake of easy reference the entries may be quoted verbatim as under :- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... instant case, having regard to the value of the product, there is no difficulty in concluding that the goods will not fall under heading 91.01 and as such, they would fall under heading 91.02 which is the residuary heading for the item 'watches'. On a combined reading of the two headings, there is no doubt that all wrist watches, pocket watches, and other watches including stop-watches not describ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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