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        Central Excise

        1997 (7) TMI 256 - AT - Central Excise

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        Colour video monitors classified as display units, not reproducers, and placed under the residuary excise tariff entry. Colour video monitors were treated as standalone display units and not as television image or sound recorders or reproducers under Item No. 37BB of the ...
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Colour video monitors classified as display units, not reproducers, and placed under the residuary excise tariff entry.

                                Colour video monitors were treated as standalone display units and not as television image or sound recorders or reproducers under Item No. 37BB of the erstwhile Central Excise Tariff. The classification turned on the functional distinction that a reproducer must record or reproduce image or sound, whereas the monitor only displayed signals and did not itself perform recording or reproduction. Tariff Advice No. 37/84, which addressed closed circuit television sets as a composite system, was held inapplicable to an individual video monitor. The monitors were therefore correctly classifiable under Item No. 68, and the departmental reliance on the tariff advice was rejected.




                                Issues: Whether colour video monitors were classifiable under Item No. 37BB of the erstwhile Central Excise Tariff or under Item No. 68 of that Tariff, and whether Tariff Advice No. 37/84 was applicable to such monitors.

                                Analysis: Item No. 37BB covered television image and sound recorders and reproducers, including video cassette recorders and related combination sets. The nature of a reproducer was distinguished from that of a receiver or display unit. On the material before it, a colour video monitor was found to be only a display device which did not record or reproduce sound or image. The Tariff Advice relied upon by the Department dealt with closed circuit television sets as a composite system and not with a standalone video monitor. The monitor, being an individual item and neither a reproducer nor a closed circuit television set, did not fit Item No. 37BB.

                                Conclusion: Colour video monitors were not classifiable under Item No. 37BB and were correctly classifiable under Item No. 68 of the erstwhile Central Excise Tariff. The Department's reliance on Tariff Advice No. 37/84 was rejected.


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