2007 (11) TMI 485 - AT - Central Excise

Ducts - Air-conditioning equipments - Parts thereof - Classification - Held that - there is a Board Circular issued under 37(B) in Order No. 58/01/02/C.E., dated 15-11-02 which takes a view that the ducts are part and parcel of Refrigeration/Air Conditioning Plants - reliance placed in the appellant own case ETA ENGG. Versus COMMISSIONER OF CENTRAL EXCISE, BANGALORE 2005 (8) TMI 260 - CESTAT, BANGALORE , wherein it has been upheld that the ducts fabricated out of GI sheets are classifiable under heading 73.08 of the Central Excise Tariff as part and parcel of air-conditioning system - appeal dismissed - decided against Revenue.

Summary

Issues:
1. Classification of ducts under Central Excise Tariff
2. Applicability of previous Tribunal rulings and Supreme Court decisions

Issue 1: Classification of ducts under Central Excise Tariff
The appeals involved a dispute regarding the classification of ducts manufactured on-site by the appellant's engineers and laborers for Refrigerating, Heat Ventilation, and Air-conditioning equipments (HVAC). The Revenue had classified all ducts as hollow profiles under heading 73.08.50 at a nil rate of duty. However, the appellants contended that the ducts were not hollow profiles and should be classified under heading 73.08.50 at a nil rate of duty. The Commissioner (Appeals) and Assistant Commissioner of Central Excise had differing views on this issue. The Tribunal had previously decided a similar issue in the appellant's favor, holding that ducts fabricated from GI sheets are classifiable under heading 73.08 of the Central Excise Tariff as part of the air-conditioning system. This ruling was subsequently upheld by the Supreme Court. The Tribunal noted a Board Circular supporting the classification of ducts as part and parcel of Refrigeration/Air Conditioning Plants. Therefore, the Tribunal found no merit in the appeals and rejected them.

Issue 2: Applicability of previous Tribunal rulings and Supreme Court decisions
The respondents argued that the appeals should be dismissed as the issue had already been conclusively decided by the Tribunal's ruling, which was upheld by the Apex Court. The Tribunal acknowledged the previous rulings in the appellant's own case and the Board Circular supporting the classification of ducts. The Tribunal distinguished a Larger Bench judgment in the case of Mahendra & Mahendra, which did not specifically address ducts forming part of a refrigeration system. After careful consideration, the Tribunal found no merit in the appeals, as the issue had already been settled by previous rulings and the Board Circular. Therefore, the appeals were rejected.

In conclusion, the Tribunal upheld the classification of ducts fabricated on-site by the appellant's engineers and laborers as part of the air-conditioning system under the Central Excise Tariff. The appeals were dismissed based on the previous Tribunal rulings, Supreme Court decisions, and the Board Circular supporting the classification of ducts.