1998 (8) TMI 213 - AT - Customs

Tribunal decision: Integral shaft bearings classified for water pumps, not as ball/roller bearings.

The Tribunal upheld the Commissioner's decision in a classification dispute under the Customs Tariff Act, 1975. Integral shaft bearings were classified ... Classification Issues: Classification of imported goods under the Customs Tariff Act, 1975. Refund claim based on classification dispute.Analysis:1. The case involved the classification of imported goods, specifically 3000 'Water Pump Bearing' with part No. FPS-348, declared as 'Integral Shaft Bearing' by the respondents. Customs Authorities assessed the goods as ball/roller bearings under sub-heading 8482.80, while the respondents claimed classification under sub-heading 8413.91 for use in water pumps. The original authority rejected the refund claim based on the classification dispute.2. The Asstt. Commissioner relied on a Tribunal decision stating that integral shaft bearings without a base fall under Heading 84.62(1) corresponding to sub-heading 8482.80. However, the Commissioner of Customs (Appeals) overturned this decision citing a subsequent Tribunal judgment and a Government of India decision, which considered integral shaft bearings as a part of water pumps, not just bearings. The Commissioner also noted Customs House Practices supporting the respondents' classification under sub-heading 8413.91.3. The Revenue appealed the Commissioner's decision, arguing that integral shaft bearings have various applications beyond water pumps, such as textile machinery and woodworking machinery. They contended that the exclusion notes in the Tariff Heading 84.82 do not apply to bearings incorporating other parts like shafts. The Revenue also attempted to address previous judgments by stating that the case was not adequately presented before the lower authorities.4. The Tribunal analyzed the arguments and found that the goods in question were a combination of two parts - shaft and bearing, not just a bearing. They emphasized that the goods did not fit the definition of a bearing incorporating a machinery part under Heading 84.82. The Tribunal noted the lack of evidence from the Revenue to establish that integral shaft bearings were commonly known as ball/roller bearings. Additionally, they agreed with the respondents that there was no proof of the goods' application in industries other than water pumps, as claimed by the Revenue. Consequently, the Tribunal upheld the Commissioner's well-reasoned order, dismissing the Revenue's appeal.