1998 (4) TMI 559 - AT - Central Excise

Summary

Issues Involved:
1. Classification of the product "Indrol TQ" under the correct tariff heading.
2. Eligibility for the benefit of Notification No. 120/84-C.E., dated 11-5-1984.

Issue-wise Detailed Analysis:

1. Classification of the product "Indrol TQ" under the correct tariff heading:

The primary issue was whether "Indrol TQ" should be classified under sub-heading 2710.60 as a lubricating oil or under sub-heading 2710.99 as a transmission fluid or speciality oil.

- Assessee's Argument:
The assessee initially classified "Indrol TQ" under sub-heading 2710.99 but later sought re-classification under sub-heading 2710.60, supported by expert opinions and end-use certificates indicating the product's primary function as lubrication in synchromesh gearboxes.

- Revenue's Argument:
The Revenue contended that "Indrol TQ" should be classified under sub-heading 2710.99, arguing that the product is a speciality oil with a flash point above 94^0C and contains more than 70% mineral oil. They emphasized that it is marketed as a premium quality automatic transmission fluid, not as a lubricating oil.

- Collector (Appeals) Decision:
The Collector (Appeals) found that the product's essential and predominant function was lubrication, supported by expert opinions and end-use certificates, and thus classified it under sub-heading 2710.60.

- Vice President's Dissent:
The Vice President argued that "Indrol TQ" is a lubricant rather than a lubricating oil, citing the Harmonized System of Nomenclature (HSN) which distinguishes between lubricating oils and lubricants. He concluded that the product should be classified under sub-heading 2710.99.

- Third Member's Opinion:
The Third Member concurred with the Member (Judicial), agreeing that the product should be classified under sub-heading 2710.60. The Third Member noted that the Revenue did not provide sufficient evidence to rebut the assessee's claims that the product was a lubricating oil as known by the users.

2. Eligibility for the benefit of Notification No. 120/84-C.E., dated 11-5-1984:

- Assessee's Argument:
The assessee claimed the benefit of Notification No. 120/84-C.E., which exempts blended or compounded lubricating oils and greases obtained by blending or compounding mineral oils with other ingredients.

- Revenue's Argument:
The Revenue argued that the product did not qualify for the exemption as it was a speciality oil, not a lubricating oil.

- Collector (Appeals) Decision:
The Collector (Appeals) granted the benefit of the notification, finding that the product met the criteria for exemption.

- Vice President's Dissent:
The Vice President noted that the Collector (Appeals) did not provide sufficient reasons for granting the exemption and suggested remanding the matter for reconsideration.

- Third Member's Opinion:
The Third Member agreed with the Member (Judicial) that the product was eligible for the exemption under Notification No. 120/84-C.E., as it was classified under sub-heading 2710.60.

Final Order:

In view of the majority opinion, the product "Indrol TQ" was classified under heading 2710.60 and was entitled to the benefit of Notification No. 120/84-C.E., dated 11-5-1984.