1998 (11) TMI 230 - AT - Central Excise

Summary

Issues:
Classification of 'Sanifresh lavatory disinfectant' - liquid and solid.

Analysis:
The issue in these appeals pertains to the classification of 'Sanifresh lavatory disinfectant' manufactured by M/s. Balsara Hygiene Products Ltd. The appellants claimed classification under sub-heading 3808.90, but the Collector (Appeals) classified the products under sub-heading 3402.90, emphasizing their cleaning properties over disinfectant properties. The review orders were challenged on the basis of the timing of test reports, but it was held that the Collector considered various factors, not just the test report, in issuing the review orders.

The appellants argued that sodium bisulphate, the main raw material, is a disinfectant supported by various test reports, including from the National Chemical Laboratory. They highlighted the disinfectant properties of both the liquid and powder products, emphasizing consumer perception and commercial use as disinfectants. The Revenue contended that the products are primarily for cleaning, not disinfecting, citing the ingredients' individual properties and the Explanatory Notes of HSN.

The arguments focused on the definitions of 'cleaning' and 'disinfectant,' with the appellants relying on expert opinions, test reports, and commercial perception to establish the disinfectant classification. The Revenue highlighted the ingredients' properties and the intended use of the products for cleaning sanitary wares. The Tribunal noted the presence of disinfectant properties in the products, supported by test reports and expert opinions, leading to the classification under sub-heading 3808.90 as disinfectants. The appeals were allowed in favor of the appellants.