TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Tribunal reclassifies machine parts for Kennametal Widia India, overturning initial decision.</h1> <h3>KENNAMETAL WIDIA INDIA LTD. Versus COMMISSIONER OF C. EX., BANGALORE-III</h3> KENNAMETAL WIDIA INDIA LTD. Versus COMMISSIONER OF C. EX., BANGALORE-III - 2007 (208) E.L.T. 170 (Tri. - Bang.) Issues:1. Correct classification of items under Chapter 8209 or Chapter 8466.Detailed Analysis:The appeal pertains to the correct classification of various items like tungsten carbide guides, bushes, jaws, cambreaks, core rods, and TC flats under Chapter 8209 or Chapter 8466. The appellant, M/s. Widia (India) Ltd., argues that the items should be classified under Chapter 8466 as parts and accessories suitable for machines of specific headings. The Commissioner of Central Excise upheld the lower authority's decision classifying the items under Chapter 8209. The appellant challenges this decision, citing technical literature, expert opinions, and legal precedents to support their classification under Chapter 8466.The appellant's arguments are based on the specific functions of each item, technical literature, and expert opinions obtained from reputable organizations like CMTI and the Indian Institute of Science. They assert that the impugned goods are parts and accessories suitable for specific machines, warranting classification under Chapter 8466. The appellant also highlights that the burden of classification lies with the department, which they claim has not been discharged adequately. Legal precedents and expert opinions are cited to strengthen their argument against the classification under Chapter 8209.The departmental representative reiterates the findings of the impugned order, supporting the classification of the items under Chapter 8209. The Tribunal carefully examines the functions of the impugned goods as presented by the appellant. The items, such as TC guides, bushes, jaws, cambreaks, core rods, and TC flats, are analyzed in detail to determine their suitability for classification under either Chapter 8209 or Chapter 8466. Expert opinions obtained by the appellant further support the classification under Chapter 8466 as parts and accessories for specific machines.The Tribunal considers the expert opinions provided by the appellant, which emphasize the wear resistance properties of tungsten carbide items and their classification as machine parts and accessories rather than tools. The expert opinions align with the appellant's argument that the items in question should be classified under Chapter 8466. The Tribunal's analysis focuses on the functions and applications of each item to determine the appropriate classification under the Central Excise Classification.In conclusion, the Tribunal allows the appeal filed by M/s. Widia (India) Ltd., changing the cause title of the company to M/s. Kennametal Widia India Ltd. The Tribunal rules in favor of the appellant, classifying the impugned items under Chapter 8466 as parts and accessories suitable for machines of specific headings, thereby overturning the classification under Chapter 8209 as per the impugned order.
TaxTMI 
TaxTMI 
