1979 (6) TMI 49 - CGOVT - Central Excise

Three-in-one Oil is classifiable under Item 11B of Central Excise Tariff - Blending and Compounding - Valuation

Summary

Issues:
1. Classification of product under Item 11B of Central Excise Tariff.
2. Determination of assessable value and quantum of duty payable.

Analysis:
1. The petitioners manufactured a product they termed as three-in-one oil, contending it was a blended lubricating oil and not a compounded lubricating oil as held by the Asstt. Collector under Item 11B of the Central Excise Tariff. The government examined the distinction between blending and compounding, noting that while blending involves mixing components for specified properties, compounding includes mixing oils with various materials to enhance lubricating properties. The product in question contained Lubrizol 271 and Citronella Blend, with Lubrizol being a chemical compound added to improve lubricating properties. The government concluded that the three-in-one oil was classifiable as a compounded lubricating oil during the relevant period, rejecting the petitioner's argument based on the ingredients provided.

2. The second issue pertained to the quantum of duty demanded from the petitioners. They argued that even if duty had been paid during the relevant period, the selling price remained constant at Rs. 3/- until being increased in 1974. The petitioners contended that the assessable value should reflect this selling price, including duty. The government agreed with this argument, directing the Asstt. Collector to determine the assessable value considering the duty incidence in the selling price of Rs. 3/- during the relevant period. The correct quantum of duty payable by the petitioners during that period was to be determined accordingly. The revision application was rejected, subject to the observations made regarding the assessable value and duty calculation.