1977 (7) TMI 111 - HC - Central Excise

Summary

Issues:
Validity of levy of Central Excise Duty on porcelain portion of lightning arresters manufactured by the petitioner company under Tariff Item 23B of the First Schedule to the Central Excise Act.

Analysis:
The petitioner, a public limited company manufacturing electrical goods, including lightning arresters with porcelain shells, was licensed under the Central Excise Act for the manufacture of China ware and porcelain ware. The Central Excise authorities proposed to levy duty on the porcelain portion of the lightning arresters, considering them as porcelain ware under Tariff Item 23B. The petitioner objected to this levy, arguing that the lightning arresters do not fall under the category of porcelain ware. The petitioner contended that the porcelain shells were not manufactured for sale but as components for the lightning arresters, making them exempt from excise duty. Reference was made to a previous court decision where a similar situation was examined, and it was held that the manufactured product, in that case, did not qualify as porcelain ware. The petitioner company's main argument was that since they do not sell porcelain ware separately and only use porcelain shells as components in lightning arresters, the levy of excise duty on the porcelain content of the lightning arresters was unjustified.

The court analyzed the situation and agreed with the petitioner's arguments. It was noted that the petitioner was not in the business of manufacturing or selling porcelain ware separately, and the porcelain shells were solely used as components in the lightning arresters. The court referred to a previous case where a similar issue was discussed, and it was concluded that the manufactured article did not constitute porcelain ware for the purpose of excise duty. The court found that the lightning arresters manufactured by the petitioner could not be considered as porcelain ware under Tariff Item 23B. As a result, the levy of excise duty on the porcelain content of the lightning arresters was deemed invalid. The court allowed the writ petition filed by the petitioner, setting aside the levy imposed by the Central Excise authorities. The judgment concluded that there would be no order as to costs in this matter.