1995 (5) TMI 106 - AT - Central Excise

Tribunal: Kits without fan motors still qualify as complete air-conditioners under Notification

The Tribunal held that kits labeled as 'air conditioning kits' with compressors and blowers constituted complete air-conditioners, qualifying for ... Air Conditioning Kits for cars Issues:- Interpretation of the term 'air conditioning kit' for exemption eligibility under Notification No. 166 dated 1-3-1986.Detailed Analysis:1. The appeal centered around determining whether goods labeled as 'air conditioning kits' with compressors and blowers qualified for exemption under Notification No. 166 dated 1-3-1986. The appellant, a car air-conditioner manufacturer, sought exemption under Sl. No. 8 of the Notification for kits intended for various car models.2. The Notification underwent amendments, including an Explanation inserted in 1991 excluding kits containing automatic gas compressors. The Assistant Collector categorized the kits as complete air-conditioning systems, subject to basic excise duty. The Collector upheld this decision, leading to the current appeal.3. The appellant argued that their kits lacked a prime mover like an electric motor, distinguishing them from complete air-conditioners. They contended that a motor-driven fan was crucial for classification, citing a Tribunal decision. They also claimed that once a tariff classification was approved, it cannot be altered.4. The Respondent supported the lower authorities' view that the goods were complete air-conditioners, except those missing a blower. They argued that the Explanation had retrospective effect, citing relevant case law.5. The Tribunal analyzed the term 'kit' and the components required for a complete car air-conditioner. While acknowledging the necessity of a motor-driven fan for air-conditioners, they disagreed that the absence of a prime mover invalidated classification. They emphasized that Heading 8415 covered various air-conditioners, including those with external motive power.6. The Tribunal addressed the absence of a motor-driven fan in most kits, clarifying that the fan and blower were interchangeable terms. They rejected the argument that a fan motor was essential for cooling the compressor, as technical literature did not support this claim.7. The Tribunal concluded that once the essential elements of an air-conditioner were present, even unassembled parts assumed the complete machine's character. They determined that kits with compressors and blowers constituted complete air-conditioners, especially after the 1991 Notification amendment.8. The Tribunal dismissed the appellant's claim that the Explanation had retrospective effect, stating that the essential components of an air-conditioning system defined completeness. They affirmed the Order of the Collector (Appeals) as correct, confirming it and dismissing the appeal.