2009 (10) TMI 686 - AT - Central Excise

Summary

Issues:
Classification of 'twist control panel top and base' - Parts for apparatus of Heading 85.37 or parts of household or laundry type washing machines.

Analysis:
The main issue in this case revolves around the classification of 'twist control panel top and base' manufactured by the assessees. The Revenue argues that these items are parts for use in apparatus of Heading 85.37, while the assessees claim that they should be classified under CET sub-heading 8450.90 for parts of household or laundry type washing machines. The lower appellate authority accepted the assessees' claim, leading to the current dispute.

Upon hearing both sides, it was noted that Chapter 85.37 covers various apparatus for electric control or distribution of electricity, excluding switching apparatus of Heading 85.17. The assessees argued that the panels on top of washing machines do not meet the criteria of Heading 85.37 as they are not equipped with two or more apparatus of Heading 85.35 or 85.36. They relied on a previous Tribunal decision to support their stance. The Department failed to demonstrate that the washing machine panels in question met the requirements for classification under Heading 85.37.

Since the panels themselves were not proven to be of the type specified in Heading 85.37, it was concluded that the parts in dispute cannot be classified under that heading. Consequently, the claim of the Revenue for classification under Heading 85.38 was rejected. The impugned order of classification of the items under CET sub-heading 8540.90 was upheld, and the appeal was rejected. Additionally, the cross-objections made by the Department were dismissed as they were considered only as comments or replies to the Department's appeal.

In summary, the judgment clarified the classification of the 'twist control panel top and base,' emphasizing the specific criteria under Chapter 85.37 and the lack of evidence to support the Revenue's claim. The decision provides a clear interpretation of the relevant headings and sub-headings, ultimately resolving the classification dispute in favor of the assessees based on the established facts and legal precedents.