1980 (10) TMI 75 - CGOVT - Central Excise

Summary

Issues:
Classification of agitating machine (blower) under Central Excise Tariff as 'electric fans designed for use in an industrial system'.

Detailed Analysis:
The petitioners manufacture component parts of water treatment plants, including an agitating machine known as a blower. The lower authorities classified the blower under tariff item 33(2) as 'electric fans designed for use in an industrial system', a classification challenged by the petitioners. During the personal hearing, the petitioners argued that the blower they manufacture is different from traditional fans, as it supplies air at high pressure with low capacity and duration, unlike typical fans. They referenced a Gujarat High Court judgment involving a similar case and contended that the ordinary meaning of 'fan' should determine the classification in the absence of a specific definition in the Central Excise Tariff. The petitioners also cited trade notices to support their argument that blowers should not be classified as fans.

The Government noted that the term 'electric fans' is not defined in the Central Excise Tariff but observed that fans and blowers are defined in Chapter 84.11 of the B.T.N. as machines designed for delivering air at low pressure or creating a movement of surrounding air. The Government determined that the blower in question functions to agitate sand filter beds by displacing air, thus falling under the definition of fans as per the B.T.N.

The petitioners referred to a Gujarat High Court judgment involving Twin Lobe Compressors and argued that their blower should not be classified as an electric fan based on this precedent. However, the Government found that the blower in question, as described by the Works Manager of the petitioners, is distinguishable from the Twin Lobe Compressors in the judgment. The Government emphasized that the mere use of the blower in a plant does not change its classification as a fan. They also dismissed the relevance of the trade notices cited by the petitioners, stating that they are not binding on the Government.

Ultimately, the Government rejected the revision application, upholding the lower authorities' classification of the blower under tariff item 33(2) as 'electric fans designed for use in an industrial system', as they found the order in appeal to be correct in law and not warranting any interference.