1988 (4) TMI 175 - AT - Central Excise

Appellate Tribunal rules cast iron fittings as machine parts under Central Excise tariff, not crude iron castings

The Appellate Tribunal CEGAT upheld the assessment of cast iron pipe fittings under Central Excise tariff item 68, ruling that the products, despite minor ... Claasification Issues: Classification of goods under Central Excise tariff items 25 and 68, whether cast iron pipe fittings are assessable under item 25 or item 68.In this judgment by the Appellate Tribunal CEGAT, the appellants did not appear before the tribunal but submitted a letter stating their decision not to appear and requested the case to be decided on merits in their absence. The appeal involved challenging the order of the Collector of Central Excise (Appeals), Calcutta, dated 21-11-1983, regarding the classification of cast iron pipe fittings manufactured by the appellants. The appellants argued that their product, despite minor operations like smoothing or making holes, remained a pipe fitting falling under Central Excise tariff item No. 25. They relied on previous letters from the Central Board of Excise and Customs to support their classification. The Collector (Appeals) considered these operations as rendering the product fit for immediate use, thus classifying it as an identifiable part of a machine for joining pipes. However, the appellants contended that the goods did not qualify as machine parts and should be assessed under item 25 or 26AA, not item 68.The appellants further argued that since their goods were specifically covered under item 25, as clarified by letters from the Central Board of Excise and Customs, they could not be levied duty under item 68. They emphasized that the socket headed pipe fittings and flange pipe fittings they manufactured were used for joining pipes and were cast iron products, not machine parts. The learned SDR supported the Collector's order, assessing the goods under item 68. However, the tribunal disagreed with the reasons presented by both parties, stating that the goods were indeed assessable under item 68, but not for the reasons discussed during the proceedings.The tribunal delved into a detailed analysis of the Central Excise tariff item No. 25, emphasizing that the phrase 'iron in any crude form' in the tariff description was crucial. It explained that the inclusion of pig iron, scrap iron, or molten iron as examples of crude forms indicated that the item encompassed unworked, unwrought, and unuseable forms of iron. The tribunal clarified that when iron was cast to make a pipe fitting, it transformed into a utility product ready for immediate use, distinct from crude forms like pig iron or scrap iron. The tribunal highlighted that the pipe fitting casting, even after minor operations like polishing or grinding, no longer qualified as iron in a crude form but as a utility product. Consequently, the pipe fittings could not be classified under item 25 and were correctly assessed under item 68.In conclusion, the tribunal upheld the assessment of the cast iron pipe fittings under Central Excise tariff item 68, emphasizing that the products had evolved beyond crude forms and were suitable for immediate use, warranting their classification as machine parts under item 68 rather than as iron castings under item 25.