1983 (4) TMI 279 - AT - Central Excise

Tribunal Rules in Favor of BHEL on Import Classification Dispute

The Tribunal allowed the appeal by Bharat Heavy Electricals Limited (BHEL) in a case concerning the rejection of their refund claim by the Appellate ... - Issues:1. Refund claim rejection by the Appellate Collector of Customs.2. Interpretation of Notification No. 59/69 regarding duty assessment.3. Classification of bearing assemblies under Tariff Item 49 of C.E.T.4. Submission of necessary documents and drawings for the appeal.5. Decision on countervailing duty applicability.Analysis:The case involved a revision petition by Bharat Heavy Electricals Limited (BHEL) against the rejection of their refund claim by the Appellate Collector of Customs. BHEL imported bearing assemblies for use in electric motors and claimed they should be assessed at 30% without countervailing duty (C.V.D). The Assistant Collector allowed a partial refund of C.V.D, but the Appellate Collector rejected the claim due to a lack of production of necessary documents, specifically a catalogue and machine details. BHEL argued that the bearing assemblies were correctly classifiable at 30% without C.V.D under Tariff Item 49 of C.E.T.The Tribunal examined the interpretation of Notification No. 59/69, which did not explicitly cover the concept of countervailing duty. The scope of Tariff Item 49 was crucial in determining the classification of the bearing assemblies. Tariff Item 49 referred to 'Roller Bearing, i.e., to say, Ball or Roller Bearings, all sorts,' indicating it only covered Ball & Roller Bearings with concentric rings and balls/rollers. The bearing assemblies imported by BHEL were of the bush bearing type, lacking concentric rings and balls/rollers, as confirmed by the drawing of the bearing.BHEL submitted detailed drawings of the bush bearings, purchase invoices, and other relevant documents during the appeal process. The Revenue Representative acknowledged that the imported bearing assemblies were bush bearings, not falling under Ball & Roller Bearings. The Tribunal accepted BHEL's appeal, ruling that no countervailing duty was leviable on the imported bearing assemblies. The decision was made based on the clear classification under Tariff Item 49 and the nature of the bearing assemblies as bush bearings.