1997 (9) TMI 343 - AT - Central Excise

Summary

Issues:
1. Classification of carbide sludge as excisable or non-marketable.
2. Classification of zero air under Tariff Heading 28.04 or 28.51.

Analysis:
1. The lower appellate authority classified carbide sludge as non-excisable and non-marketable. The Revenue appealed this decision, but the Appellate Tribunal upheld the previous judgment based on a similar case. The Tribunal dismissed the Revenue's appeal, citing a previous judgment dated 24-7-1997. The issue of carbide sludge classification was settled in favor of non-marketable status.

2. The controversy arose over the classification of zero air under Tariff Heading 28.04 or 28.51. The Revenue argued that zero air, manufactured by removing carbon dioxide and moisture from normal air, should be classified under 28.04 as a mixture of gases predominantly nitrogen or oxygen. The Tribunal considered the composition of normal air, with 78% nitrogen and 20.95% oxygen, and the minimal removal of carbon dioxide by the manufacturer. The Tribunal agreed with the Appellant's advocate that the essential character of the air remains unchanged, thus classifying zero air under Tariff Heading 28.51 as compressed air. The Tribunal set aside the lower authority's order and allowed the appeal of the assessee.

3. After careful consideration, the Tribunal concluded that the removal of a small element like carbon dioxide does not alter the essential character of the air, which remains normal air compressed by the manufacturer and labeled as zero air. Therefore, the Tribunal classified zero air under Tariff Heading 28.51, contrary to the lower authority's decision. Both appeals were disposed of accordingly.