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2011 (3) TMI 30 - AT - Central ExciseClassification - The electric fans manufactured and cleared by them can be run by connection to a motor installed at a particular place, by a conveyor belt and that the motor can be used for running more than one fan by connecting them by a conveyor belt. Further, the Explanatory Notes to Heading 84.14 clearly states that fans may or may not be fitted with integral motors - Accept the contention of the assessees that complete electric fans (industrial fans) were cleared by them.
Issues: Classification of goods under Central Excise Tariff - Whether electric fans cleared by the assessees are parts of electric fans or complete industrial fans.
In this judgment by the Appellate Tribunal CESTAT, CHENNAI, the issue revolved around the classification of goods under the Central Excise Tariff. The assessees, who were manufacturers of boilers and boiler components, cleared electric fans claiming classification under CET sub-heading 8414.40. The department contended that since there was no electric motor attached to the fans, the goods cleared were only parts of electric fans and should be classified under CET sub-heading 8414.99 attracting a higher duty rate. Show-cause notices proposing duty recovery and re-classification were issued, but the Asst. Commissioner accepted the assessees' contention that the fans were industrial fans and not parts of electric fans. The Commissioner (Appeals) disagreed, holding that the assessees had cleared only electric fan components. Upon hearing both sides, the Tribunal found that the assessees' electric fans could be operated by connecting them to a motor installed at a specific location using a conveyor belt. The Explanatory Notes to Heading 84.14 supported the fact that fans may or may not be fitted with integral motors. The Tribunal concluded that the goods cleared were complete electric fans (industrial fans) and not just parts of electric fans. Therefore, the impugned orders were set aside, and the appeals by the assessees were allowed. The Tribunal's decision was based on the acceptance of the assessees' contention and the lack of evidence supporting the Revenue's claim that the goods were only parts of electric fans.
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