1996 (11) TMI 126 - AT - Central Excise

Summary

Issues Involved:
1. Eligibility of mechanical seals for exemption under Notification No. 155/86.
2. Interpretation of exemption Notification No. 155/86 in relation to "component parts" of power-driven pumps.
3. Applicability of Section Note 2(b) to Section XVI of the Central Excise Tariff Act, 1985.

Issue-wise Detailed Analysis:

1. Eligibility of Mechanical Seals for Exemption under Notification No. 155/86:

The primary issue in this case is whether mechanical seals, which are parts or components of power-driven pumps, are eligible for exemption under Notification No. 155/86. The appellants argued that mechanical seals, being principally used in power-driven pumps, should be classified under the same heading (8413.00) as the pumps themselves and thus be eligible for the exemption. However, the Assistant Collector and subsequently the Collector (Appeals) held that the exemption under Notification No. 155/86 specifically mentions "power-driven pumps" and not their parts. Therefore, mechanical seals do not qualify for the exemption.

2. Interpretation of Exemption Notification No. 155/86 in Relation to "Component Parts" of Power-Driven Pumps:

The Notification No. 155/86 provides concessional rates of duty for certain goods under Chapter 84, specifically mentioning "power-driven pumps primarily designed for handling water" under Heading 84.13. The appellants contended that since mechanical seals are parts of these pumps, they should also benefit from the exemption. However, the respondents, represented by Shri P.K. Jain, argued that exemption notifications should be construed strictly. The benefit of the exemption can only be claimed for products specifically mentioned in the notification. The Tribunal supported this view, stating that the language of the exemption notification is clear and does not include "parts" of power-driven pumps under the concessional rate.

3. Applicability of Section Note 2(b) to Section XVI of the Central Excise Tariff Act, 1985:

The appellants relied on Section Note 2(b) to Section XVI of the Central Excise Tariff Act, 1985, which states that parts suitable for use solely or principally with a particular kind of machine are to be classified with the machine of that kind. They argued that mechanical seals, being suitable for use solely with power-driven pumps, should be classified under the same heading as the pumps and thus be eligible for the exemption. However, the Tribunal, referencing previous decisions, held that the rules of interpretation and section notes contained in the Customs Tariff Act cannot be extended to the interpretation of exemption notifications. The Tribunal emphasized that exemption notifications must be interpreted strictly based on their language.

Conclusion:

The Tribunal concluded that the exemption under Notification No. 155/86 is specifically for "power-driven pumps" and does not extend to their "component parts" such as mechanical seals. The language of the notification is clear and does not include parts of power-driven pumps for the concessional rate of duty. Therefore, the appeal was found to be without merit and was accordingly rejected.