1997 (4) TMI 353 - AT - Central Excise

Summary

Issues: Benefit of Notification 73/90 in respect of line tester treated as part of telephone exchange.

Analysis:
1. The appeal concerns the benefit of Notification 73/90 regarding the classification of a line tester as part of a telephone exchange.
2. The lower appellate authority found that the line tester was essential for the efficient functioning of the RAX system and should be considered part of the exchange based on technical evidence and documentation provided.
3. The department argued that the line testing unit, though crucial for the exchange's operation, is a separate equipment manufactured independently and attached to the exchange only for specific functions like fault detection in subscriber lines.
4. The appellant contended that the line tester was ordered along with the exchange by customers, installed in the exchange center, and used in conjunction with the RAX 128 CDOT unit, hence should be treated as part of the rural telephone exchange.
5. Reference was made to official letters and agreements emphasizing the mandatory connection of the line test unit with the RAX system, supporting the argument that it should be considered an integral part of the exchange.
6. The Department of Telecommunication's understanding was presented to support the inclusion of the line tester as part of the exchange, contrasting with the revenue's interpretation.
7. The Tribunal analyzed the specific items eligible for exemption under the notification, considering the definition and components of a Rural Automatic Exchange (RAX) and the timing of the benefit extension to certain parts.
8. The term "Rural Automatic Exchanges" was scrutinized in the context of how goods are perceived by manufacturers and traders, emphasizing the need for goods to represent specific entities for excise purposes.
9. The distinction between the RAX system and the line tester was highlighted, indicating that while the line tester serves a function related to the exchange, it remains a separate entity and not an integral part of the exchange.
10. The Tribunal clarified that each element in a telephone exchange system must be assessed individually, and while the line tester is essential for operation, it does not constitute an inherent part of the exchange itself.
11. Ultimately, the Tribunal ruled in favor of the revenue, denying the benefit of the notification to the line tester as it was deemed a separate entity used in conjunction with the telephone exchange but not an integral part of it.