1980 (9) TMI 93 - HC - Central Excise

Summary

Issues:
Classification of domestic flour mills under Tariff Item No. 33-C of the First Schedule to the Central Excises and Salt Act, 1944.

Analysis:
The petitioner firm manufactured flour grinding mills known as Punit Char Ghanti, which could be operated manually or with an electric motor. The petitioner did not manufacture electric motors but would fit them in the mills upon specific customer demand. Initially, the flour mills were classified as domestic electrical appliances under Item No. 33-C, and excise duty was paid accordingly. However, conflicting communications were received from the authorities regarding the applicability of excise duty on these mills.

The petitioner argued that their product should not be classified as a domestic electrical appliance under Tariff Item No. 33-C since it did not contain an inbuilt electric device for instantaneous operation. They contended that fitting an electric motor upon customer request did not automatically make the appliance an electrical appliance. Reference was made to a previous court decision where it was held that for an appliance to be classified under Item 33-C, it must have an electric element or motor fitted to operate as an electrical appliance.

Moreover, the petitioner highlighted a previous case where the court ruled that the domestic flour mills manufactured by them were not covered by Tariff Item No. 33-C, leading to the quashing of a demand notice for excise duty. Despite this precedent, the authorities continued to demand excise duty, prompting the petitioner to seek relief from the court.

Ultimately, the court held that the flour grinding mills manufactured by the petitioner were not covered by Item No. 33-C of the Act. The court deemed the order passed by the authorities as invalid and quashed it. A writ of mandamus was issued directing the authorities to refrain from recovering excise duty on the domestic flour mills manufactured by the petitioner. The respondents were also directed to pay the costs of the petition.

This judgment clarifies the classification of domestic flour mills under Tariff Item No. 33-C and emphasizes the requirement for an electric element or motor to be present for an appliance to be considered a domestic electrical appliance subject to excise duty.