2016 (6) TMI 434 - AT - Central Excise

Tribunal remands case for fresh classification review under Central Excise Tariff Act

M/s. Alstom Projects Ltd. Versus Commr. of Central Excise, Bolpur

M/s. Alstom Projects Ltd. Versus Commr. of Central Excise, Bolpur - TMI Issues: Classification of goods under Central Excise Tariff Act, 1985 post 16/3/1995.Comprehensive Analysis:Issue 1: Classification of GoodsThe appellant argued that the goods manufactured by them, supplied in 'Knock Down Condition,' should be classified as steam boilers under sub-heading 8402.10 as per Rule 2 (a) of the Rules of interpretation to the Central Excise Tariff. They relied on an order-in-original passed by D.C., Central Excise, Sahabad, where similar goods were classified as boilers under 8402.10. Additionally, the appellant cited a case law where incomplete boilers were classified under 8402.10. However, it was noted that these references were not presented before the adjudicating authority. The appellant failed to provide copies of contracts/purchase orders to substantiate whether complete boilers or only parts were ordered. The Tribunal observed that the factual submissions needed verification by the Adjudicating authority and remanded the matter for further consideration. The appellant was directed to submit all relied upon case laws/expert opinions to establish the essential character of the steam boilers. The Tribunal emphasized that a personal hearing should be granted to the appellant during the remand proceedings for a fair decision.Conclusion:The Tribunal allowed the appeal by way of remand to the adjudicating authority for a de novo consideration of the classification issue. The appellant was instructed to provide all relevant case laws and expert opinions to support their classification argument. The importance of verifying factual submissions and granting a personal hearing to the appellant was highlighted for a just decision in the remand proceedings.