Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the goods cleared by the appellant were complete air-conditioners having the essential characteristics prescribed in the Board circular, or merely parts of air-conditioners not liable to special excise duty.
Analysis: The dispute was governed by the Board circular dated 25.09.2002, which treated an assembly as a complete air-conditioner only if it contained all the specified components, namely the evaporator coil, condenser coil, motor, fan or blower, compressor, and capillary line or expansion valve. The Tribunal noted that the appellant's chart showed absence of one or more of these components in the cleared assemblies, but the adjudicating authority had not examined this factual aspect or recorded a finding on whether all six components were present.
Conclusion: The impugned order was set aside and the matter was remanded for fresh adjudication on the limited question whether the assemblies contained all the components specified in the Board circular; if any required component was absent, the goods would be treated as parts and not as complete air-conditioners liable to special excise duty.