2005 (6) TMI 321 - AT - Central Excise

Summary

Issues: Revenue's appeal against Commissioner (Appeals) decision on DEPB claim for exported goods.

Analysis:
1. The appeal was filed by the Revenue against the Order-in-Appeal passed by the Commissioner of Customs & Central Excise, Hyderabad. The Deputy Commissioner had rejected the claim of Duty Entitlement Pass Book (DEPB) for goods exported, stating that the exported goods did not match the description in the DEPB list.

2. The Commissioner (Appeals) allowed the appeal of the Respondents, noting that the item exported was a single phase motor, which was the main component, even though it also contained other parts like condenser, canopies, and down rod. The Commissioner observed that the Deputy Commissioner did not dispute that the item exported was not a single phase motor.

3. The Revenue contended that when a motor is an integral part of a ceiling fan, it loses its identity as a motor, and a new product, the ceiling fan, emerges. The Revenue relied on a decision of the Bombay High Court to support their argument that components like impellers and motors lose their identity when fitted with other parts.

4. The Tribunal examined the records and noted that single phase induction motors are commonly used for various purposes, including ceiling fans. The Tribunal agreed with the Commissioner (Appeals) that the exported item contained a single phase motor, which was the essential component. The Tribunal also highlighted that the Deputy Commissioner could have deducted the value of additional items instead of entirely disallowing the DEPB credit.

5. Ultimately, the Tribunal upheld the decision of the Commissioner (Appeals) to allow the DEPB credit, emphasizing that the single phase motor had indeed been exported, even though it was part of a ceiling fan. The Tribunal rejected the Revenue's appeal, stating that the entire fan had not been exported under the guise of a single phase motor.

6. In conclusion, the Tribunal dismissed the Revenue's appeal and upheld the Order-in-Appeal, emphasizing that the decision to allow the DEPB credit for the exported single phase motor was legally sound and appropriate.