1982 (4) TMI 283 - CGOVT - Central Excise

Summary

Issues:
1. Classification of PVC microporous battery separators under Central Excise Tariff.
2. Eligibility for exemption under Notification No. 68 of 1971.

Detailed Analysis:

Issue 1: The primary issue in this case revolves around the classification of PVC microporous battery separators under the Central Excise Tariff. The petitioners contended that the goods should be classified under Item 15A(2) of the Central Excise Tariff, which covers "Articles made of plastics, all sorts, including tubes not otherwise specified." The petitioners argued that the PVC battery separators, being manufactured from PVC resin, fall under the broad scope of Item 15A(2) as articles made of plastics. They emphasized that the term "including" in the interpretation clause should be construed broadly to cover any article made of plastics. Additionally, they presented expert opinions to support their claim that the products in question are rectangular profile sections, distinct from sheets or other excepted articles.

Issue 2: The second issue pertains to the eligibility of the PVC microporous battery separators for exemption under Notification No. 68 of 1971. The petitioners argued that since the products are covered under Item 15A(2) of the Central Excise Tariff, they should be entitled to the benefit of the exemption notification. They further highlighted that battery separators made of PVC are not essential components of batteries, citing expert opinions to demonstrate the various potential uses of the product beyond battery components. The petitioners also referenced previous decisions, including one by the Appellate Collector in a similar case, to support their claim for exemption under Notification No. 68 of 1971.

Conclusion: After considering the arguments presented by the petitioners and examining the nature of the PVC microporous battery separators, the Government concluded that the products should be classified under Item 15A(2) of the Central Excise Tariff. The Government found merit in the petitioners' contention that the goods, being profile shapes made of plastic, do not fall within the excepted category of goods and are eligible for the benefit of exemption under Notification No. 68/71. Consequently, the revision application was allowed, and the PVC microporous battery separators were deemed eligible for classification under Item 15A(2) and entitled to the exemption under Notification No. 68/71.