2000 (10) TMI 811 - AT - Central Excise

Summary

Issues:
1. Interpretation of the benefit under Sl. No. 11 of Notification No. 56/95-C.E. for 'aluminium skived tubes'.

Analysis:
The appeal by M/s. Pranav Vikas (India) Ltd. questioned the availability of the concessional rate of duty under Sl. No. 11 of Notification No. 56/95-C.E. for the 'aluminium skived tubes' they manufacture. The Appellant argued that these tubes, classified under Heading No. 84.19, are heat exchangers used in various industries beyond car air-conditioning. The Appellant contended that the first part of Serial No. 11 covers all parts and accessories of refrigerating and air-conditioning appliances, regardless of their use, while the second part excludes items exclusively designed for car air-conditioners. The Appellant emphasized the multifarious uses of the tubes and presented invoices and purchase orders to support their claim. Additionally, they argued that the benefit of the Notification should apply only if the tubes are supplied for use in car air-conditioners. The Appellant also asserted that since the issue concerns a legal question, no penalty should be imposed, citing a relevant legal precedent.

The Respondent countered by stating that the Appellant failed to provide evidence of alternative uses for the manufactured tubes when requested by the Assistant Commissioner. The Respondent argued that since the tubes were specifically designed for car air-conditioners, they do not qualify for the benefit under Serial No. 11 of the Notification. The Respondent maintained that without proof of multifarious uses, the Appellant cannot claim such versatility.

The Tribunal examined both arguments and noted that Serial No. 11 of the Notification excludes parts of car air-conditioners, which the tubes in question are used for. The Tribunal agreed with the Respondent that no evidence was presented to demonstrate the tubes' alternative uses. While the Purchase Order mentioned an oil cooler, it did not establish a connection to the tubes in question. Consequently, the Tribunal upheld the duty confirmation but reduced the penalty from Rs. 30,000 to Rs. 10,000. Thus, the appeal was partly allowed, emphasizing the specific design of the tubes for car air-conditioners and the lack of evidence supporting their multifarious use.