2002 (9) TMI 894 - AT - Central Excise

Tribunal classifies control panels as part of industrial furnaces, rejects Revenue's appeal

Commissioner of Central Excise Versus Fluid Therm Technology P. Ltd. and Ors.

The Tribunal upheld the Commissioner (Appeals)' decision to classify control panels along with industrial furnaces based on their specific design and ... - Issues:Classification of 'control panels' when cleared alongwith 'industrial furnace'Analysis:The main issue in this judgment revolves around the classification of 'control panels' when cleared together with an 'industrial furnace'. The Commissioner (Appeals) noted that the assessee, who were manufacturers of industrial furnaces and control panels, were clearing these items under different chapter headings, attracting different duty rates. The assessee argued that the control panels should be classified along with the industrial furnace as they were interconnected and performed different functions - the furnace acted as a heating mechanism, while the control panel regulated/supplied electricity. The original authority had classified the control panels separately, but the Commissioner (Appeals) upheld the assessee's contention, directing that control panels be classified along with industrial furnaces under a specific chapter heading.In the judgment, the Tribunal considered the arguments put forth by both parties. The Revenue contended that the control panels should be classified separately, while the respondents cited previous Tribunal decisions to support their position. The Tribunal reviewed the function of the control panels, noting that they were specifically designed for the furnace and were essential for its effective use. The Tribunal applied relevant provisions and explanatory notes to determine that the control panels should be classified along with the integral furnace. The Tribunal also referenced previous judgments that supported the classification of parts used along with main equipment to be classified along with the main equipment. Ultimately, the Tribunal found no merit in the Revenue's appeals and rejected all three appeals.In conclusion, the judgment addresses the classification issue of 'control panels' when cleared along with an 'industrial furnace'. The Tribunal upheld the Commissioner (Appeals)' decision to classify the control panels along with the furnace based on their specific design and dedicated use. The judgment also references previous Tribunal decisions and legal provisions to support the classification of parts used along with main equipment.