VidhiSangh

Supreme Court of India · 13/10/2022

M/S THERMAX LTD. THROUGH ITS DIRECTOR versus COMMISSIONER OF CENTRAL EXCISE, PUNE-1

[2022] 16 S.C.R. 165 · 2022 INSC 1078

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Summary

Thermax added sensors, a selector switch and wiring to its vapour absorption chillers so that they could also supply hot water. It claimed they were 'heat pumps' under Heading 84.18 of the Central Excise Tariff Act, 1985, entitled to concessional duty under Notification 155/86-CE. CESTAT disagreed, and the Supreme Court dismissed Thermax's appeals. The HSN definition, which guides classification, describes a heat pump as converting drawn heat, with supplementary energy, into more intense heat. These machines produce chilled water continuously; hot water is incidental, and customers buy them, and Thermax markets them, as chillers. Applying the principal-purpose test in Chapter Note 7 to Chapter 84 as a tie-breaker within the heading, the machines fell under sub-heading 8418.10 as refrigerating equipment.

Issues

  1. Whether modified vapour absorption chillers capable of also producing hot water are 'heat pumps' under Heading 84.18 of the Central Excise Tariff Act, 1985, entitled to concessional duty under Notification No. 155/86-CE.

Provisions considered

Held

Result

Appeals dismissed; the product classified under sub-heading 8418.10 as refrigerating equipment and CESTAT's view affirmed; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2022] 16 S.C.R. 165.