1983 (3) TMI 291 - AT - Central Excise

Summary

Issues Involved:
1. Classification of Extrusion Punches under Tariff Item 51-A(iii).
2. Definition and classification of Can manufacturing machine as a machine tool.
3. Applicability of Brussels Tariff Nomenclature (BTN) in interpreting Central Excise Tariff.

Detailed Analysis:

1. Classification of Extrusion Punches under Tariff Item 51-A(iii):
The primary issue revolves around whether the Extrusion Punches manufactured by the Company should be classified under Tariff Item 51-A(iii). The Company argued that Extrusion Punches are not tools and do not fall under any sub-items mentioned in Tariff Item 51-A. They contended that these punches are part of the Can Extruder equipment used for making zinc cans and not for extrusion of metals. The Revenue, however, insisted that these punches are tools and should be classified under Tariff Item 51-A(iii). The Tribunal agreed with the Revenue, stating that Extrusion Punches are indeed tools designed to be fitted into machine tools or tools falling under sub-item (ii), including dies for wire drawing, extrusion dies for metals, and rock drilling bits.

2. Definition and classification of Can manufacturing machine as a machine tool:
The Company argued that the Can manufacturing machine is not a machine tool but a production machine commonly known in trade parlance. They emphasized that the machine is used for mass production of dry battery zinc cans and should not be classified as a machine tool. The Revenue countered by arguing that machines producing battery cans should be considered machine tools, relying on the Brussels Tariff Nomenclature Chapter 84.45. The Tribunal examined various definitions from Encyclopaedia Britannica, McGraw Hill Encyclopaedia of Science and Technology, and Engineering Encyclopaedia. It concluded that the Can manufacturing machine does not qualify as a machine tool because it does not produce machinery or machinery parts. The Tribunal reversed the Appellate Collector's Order, stating that the appellant's manufacturing machines producing zinc cans or dry battery cells could not be termed as machine tools.

3. Applicability of Brussels Tariff Nomenclature (BTN) in interpreting Central Excise Tariff:
The Revenue attempted to draw support from Chapter 84.45(iii) of BTN, which includes complex machines for manufacturing boxes, cans, and other similar containers of tin plate as machine tools. However, the Tribunal noted that the Revenue did not allege or prove that the appellant's machines were complex machines. The Tribunal found no justification to extend the BTN definition to include the appellant's machine manufacturing zinc cans within the terminology of machine tools. The Tribunal concluded that the BTN definition should not be applied in this case, and the appellant's machines should not be classified as machine tools.

Dissenting Opinion:
One member of the Tribunal disagreed with the majority opinion. He argued that extrusion punches are tools and should be classified under sub-item (iii) of Item 51A of the Central Excise Tariff. He drew support from the Explanatory Notes under Heading No. 82.05 of the Customs Cooperation Council Nomenclature (CCCN), which includes extrusion dies for metals. He contended that the can manufacturing machine employed by the appellants is a machine tool, as the machine tools for changing the shape or form of the metal without removing any of it are included in the Explanatory Notes. He emphasized that the list of machine tools is illustrative and should include machines for manufacturing cans of zinc. Therefore, he concluded that the extrusion punches should be classified under sub-item (iii) of Item 51A of the Central Excise Tariff.

Conclusion:
The Tribunal concluded that the Extrusion Punches manufactured by the Company are tools but the Can manufacturing machine cannot be classified as a machine tool. Consequently, the Extrusion Punches should not be classified under Tariff Item 51-A(iii) but under the general heading of Tariff Item No. 68. The assessments should be modified accordingly, and refunds granted if recoveries were made based on the classification under Tariff Item No. 51A.

Appeal partly allowed.