1997 (10) TMI 121 - AT - Central Excise

Summary

Issues: Classification of impellers and fan blades under Heading 8414.99 and eligibility for exemption under Notification No. 175/86.

In this case, the appellants claimed the classification of impellers and fan blades under Heading 8414.99 along with exemption under Notification No. 175/86. However, the departmental authorities contended that while the goods were correctly classifiable under Heading 8414.99, they were not eligible for exemption under the said notification due to the exclusion of refrigerating and air-conditioning appliances, machinery, and parts falling under Chapter 84, 85, or 90. The appellant argued that since the impugned goods were accepted as parts of fans under Heading 8414.99, they could not be considered parts of machinery under the notification. The department, on the other hand, claimed that the goods had a specific shape and a portion was used in refrigerating machinery, thus justifying their exclusion from the exemption.

Upon examination, the Tribunal referred to Tariff Heading 84.14, which covers air or vacuum pumps, air or gas compressors, and fans. Sub-heading 8414.10 specifically deals with gas compressors used in refrigerating and air-conditioning appliances and machinery, while sub-heading 8414.99 pertains to "Other" parts and accessories. The Tribunal noted that once the department classified the goods under 8414.99, indicating they were not parts of gas compressors for refrigerating machinery, they could not subsequently consider them as parts of air-conditioning and refrigerating machinery under the exemption notification. The Tribunal emphasized that the department's failure to appeal or file cross-objections against the Collector's order solidified its acceptance of the classification under 8414.99, rendering it final and conclusive.

Conclusively, the Tribunal found no merit in the Revenue's argument, leading to the setting aside of the impugned order and allowing the appeal in favor of the appellants.