1997 (9) TMI 179 - AT - Central Excise

Summary

Issues: Classification of "Hollow Profiles", "Ducts", and "Ducts' Supports" under excise duty regulations.

In this case, the appellants, engaged in the manufacture of Sponge Iron, fabricated certain items during the erection and installation of a Sponge Iron plant. The dispute arose when the department alleged that these items, specifically "Hollow Profiles", "Ducts", and "Ducts' Supports", were excisable goods and subject to duty payment. The main issue before the tribunal was to determine whether duty was chargeable on these items as they were considered excisable goods and distinct in character, use, and nature.

Classification of "Hollow Profiles":
The consultant for the appellants argued that "Hollow Profiles" were parts of structures of steel and iron, classifiable under Chapter Heading 73.08, which exempted them from duty under Notification No. 61/90. On the other hand, the department contended that "Hollow Profiles" fell under Chapter Heading 73.06 and were not exempt from duty. The tribunal analyzed the nature of "Hollow Profiles" and concluded that since they were not marketable and were more in the nature of structures, they should be classified under Chapter Heading 73.08, thereby exempting them from duty payment.

Classification of "Ducts" and "Ducts' Supports":
Regarding "Ducts" and "Ducts' Supports", the consultant argued that they were fabricated for carrying gases/air and were not pollution control equipment, thus falling under Chapter Heading 73.08 and eligible for exemption under Notification No. 61/90. Conversely, the department claimed that these items were pollution control equipment under Chapter Heading 84.21 and not exempt from duty. The tribunal determined that "Ducts" and "Ducts' Supports" were parts of structures, necessary for a larger plant installation, and therefore classified under Chapter Heading 73.08. As such, they were deemed eligible for exemption under the notification, leading to the appeal being allowed with relief granted in accordance with the law.

This judgment clarifies the classification of "Hollow Profiles", "Ducts", and "Ducts' Supports" under excise duty regulations, emphasizing the importance of analyzing the nature and use of the items to determine their appropriate classification and duty liability.