2006 (7) TMI 403 - AT - Central Excise

Summary

Issues:
Classification of telecommunication equipment as stores for consumption on board a vessel of the Indian Navy under Notification No. 70/77-C.E.

Analysis:
The appeal challenged the rejection of classification of telecommunication equipment as stores for consumption on board a vessel of the Indian Navy. The Collector (A) held that the equipment did not qualify as ship stores or naval stores and could not be considered under Section 2(38) of the Customs Act. The appellants contended that the equipment fell within the meaning of "stores for consumption on board vessel" as per Notification 70/77. They argued that the term "stores" should be interpreted broadly, citing relevant case laws like Kirloskar Oil Engines Ltd. v. CCE and others. The definition of "stores" under Section 2(38) of the Customs Act includes goods for use in vessels, covering articles of equipment whether for immediate fitting or not. The appellants asserted that the telecommunication equipment was for immediate fitting on board a vessel for communication purposes, making it eligible as stores for consumption on board the Indian Navy vessel.

The lower authorities had a narrow interpretation of the terms "stores" and "consumption." The Tribunal disagreed, stating that "stores" should not be narrowly defined as items consumed by humans, but as goods of a particular kind or purpose. Referring to the definition in the Customs Act, which includes articles of equipment as stores, the Tribunal rejected the notion that items with long lifespans cannot be considered for consumption. They emphasized that "consumption" means to use something, even goods with extended lifespans, as seen in consumer durables. Therefore, as long as the equipment is meant for use on the vessel, it should be deemed consumed on board. Ultimately, the Tribunal held that a restrictive interpretation of the terms should be avoided, and telecommunication equipment fitted on Indian Naval Vessels for communication purposes qualifies as stores for consumption on board, granting relief to the appellants.

In conclusion, the Tribunal allowed the appeal, interpreting the Notification broadly to include telecommunication equipment as stores for consumption on board Indian Navy vessels. The judgment emphasized the expansive definition of "stores" and "consumption," ensuring that equipment meant for vessel use is considered consumed on board, leading to a favorable decision for the appellants.