1981 (3) TMI 90 - CGOVT - Central Excise

Summary

Issues:
1. Whether the regulator is an integral part of ceiling fans for the purpose of excise duty assessment.
2. Whether the demand under Rule 10A was legal.
3. Whether the time-bar stipulated in Rule 10 read with Rule 173J of Central Excise Rules applies to the demand raised.

Analysis:
1. The petitioners, manufacturers of ceiling fans, received a show cause notice demanding the payment of differential duty on regulators for fans cleared during a specific period. The Assistant Collector considered the regulator as part of the fan based on ISI specifications and the close correlation between the number of fans and regulators supplied. The petitioners argued that the regulator was not excisable and not an integral part of the fan, especially before a certain date when it was included in the tariff description. They also highlighted discrepancies in the number of fans and regulators sold, citing a court judgment regarding accessories in a different context.

2. During the hearing, the petitioners reiterated that the manufacture of fans was complete without the regulator, and its cost should not be included in the assessable value of fans. They pointed out the difference in the number of fans and regulators sold and raised concerns about the time-bar stipulated in the Central Excise Rules. The government noted the trade practice of supplying regulators with fans, even if billed separately, and the ISI specification considering the regulator as part of the fan. They emphasized that customers expect fans to come with regulators unless designed otherwise, distinguishing the case from the court judgment cited by the petitioners regarding accessories in tractors.

3. The government upheld the lower authorities' decision, stating that the petitioners' trade practice aligned with the general practice of selling fans with regulators. They rejected the argument that the assessable value of fans should exclude the regulator's value, considering it an integral part of the fan. Additionally, they dismissed the plea of time-bar non-compliance, as the show cause notice was issued within the stipulated time frame. Consequently, the government rejected the revision application, finding no grounds for interference with the lower authorities' orders.