2016 (12) TMI 580 - AT - Central Excise

Classification of goods - commutators - classified under the head 8501, 8502, 8503 or 8548? - Held that - commutators is a part connecting rotating armature to the stationary terminals. It can be the part either motor or generator depending on the intended use. Such motors can be used and is in fact are used in all industries, like railway, automobiles, etc. The function of commutators is directly related to providing current to a motor or to draw electric current from a generator. The said motor can be used as a component of any other equipment like starter motor or mixer or washing machine or railway engines, etc. In the process, the commutators does not become part of electric appliances or locomotive. The commutators remain a part of motor, which in turn is used as a component of other machine. In view of the above, the correct classification of commutators is 85.03 - the appellants are entitled to calculation of demand cum duty basis. Appeal allowed - decided partly in favor of appellant.

Summary

Issues: Classification of commutators under heading 85.03 or 85.48, applicability of cum duty tax calculation.

Classification of Commutators: The case involved the classification of commutators manufactured by M/s. Sahwney Kirkwood Pvt. Ltd. under either heading 85.03 or 85.48. The appellant argued that the commutators should be classified under the residuary heading 85.48 as they are not exclusively used for machines of heading 85.01 or 85.02. The appellant contended that commutators are used in various electric motors, starter motors, generator motors, traction motors, and signals motors across different industries like electrical, automotive, and railway. The Chartered Engineer certified these uses, supporting the argument for classification under heading 85.48. However, the Revenue relied on heading 85.03, which covers parts suitable for use solely or principally with machines of heading 8501 or 8502. The definition of commutators provided by the appellants highlighted their function in connecting rotating armature to stationary terminals, emphasizing their role in providing current to a motor or drawing electric current from a generator. The Tribunal concluded that commutators, as a part of a motor, remain classified under heading 85.03 due to their direct relation to providing current to a motor or drawing electric current from a generator, regardless of the ultimate use of the motor in various industries.

Applicability of Cum Duty Tax Calculation: The appellant relied on the decision of the Hon'ble Apex Court in the case of Maruti Udyog and the Larger Bench of the Tribunal in the case of Sri Chakra Tyres Ltd., which was affirmed by the Supreme Court. These decisions supported the appellant's entitlement to the calculation of demand on a cum duty basis. As a result, the Tribunal partially allowed the appeal based on the arguments presented and the legal precedents cited. The judgment was pronounced on 01/12/16 by the Tribunal, with the issue of classification of commutators under heading 85.03 being the central focus of the case.