1995 (4) TMI 60 - SC - Central Excise

Whether the self starter manufactured by the appellants falls under Tariff Item 30 being an electric motor or it is covered by residuary Tariff Item 68 as applicable at the relevant time? Held that - It is the inter-connection between the electric motor on the one hand and solenoid and other connected apparatus on the other that together result in the manufacturing of self starter motor. Consequently it must be held that on the express language of Item 30 the self starter motor manufactured by the appellant is not covered by it. If that is so it would naturally fall within the residuary Item 68 as contended by the appellants. In the result this appeal succeeds. The orders passed by the Tribunal as well as other lower authorities are set aside and it is held that the self starter motors manufactured by the appellants were liable to bear the duty of excise under Item 68 as applicable at the relevant time.

Summary

Issues Involved:
1. Classification of self-starter motor under Tariff Item 30 or Tariff Item 68.
2. Nature and functioning of the self-starter motor.
3. Applicability of Tariff Item 30 to the self-starter motor.
4. Interpretation of relevant tariff items and dictionary definitions.
5. Consequences of the classification on excise duty and interim orders.

Issue-wise Detailed Analysis:

1. Classification of self-starter motor under Tariff Item 30 or Tariff Item 68:
The primary issue for consideration was whether the self-starter motor manufactured by the appellants falls under Tariff Item 30 as an electric motor or under the residuary Tariff Item 68. The appellants contended that it is not an electric motor and should be classified under the residuary entry, while the Revenue argued that it should be classified under Tariff Item 30 as an electric motor.

2. Nature and functioning of the self-starter motor:
The Tribunal examined the nature of the self-starter motor in detail. It noted that the motor receives electrical energy through a solenoid, which initiates the movement of the iron core shaft and the toothed gear pinion to engage with the flywheel, ultimately cranking the engine. The Tribunal concluded that the starter motor operates only on electricity and delivers rotary motion to start the engine, thus functioning as an electric motor.

3. Applicability of Tariff Item 30 to the self-starter motor:
The learned counsel for the appellants argued that the self-starter motor is more than just an electric motor; it includes additional components like the solenoid, which are vital for its operation. Therefore, it should not be classified under Tariff Item 30, which covers only electric motors and their parts. The Tribunal, however, noted that the entry for electric motors is comprehensive and includes all sorts and parts of electric motors. Despite this, the Tribunal acknowledged that the self-starter motor includes additional components without which it cannot function, thus taking it out of the scope of Tariff Item 30.

4. Interpretation of relevant tariff items and dictionary definitions:
The Tribunal referred to "The Illustrated Science and Invention Encyclopaedia" for definitions of "starter" and "solenoid." It was noted that a starter is a machine that rotates the crankshaft of an engine to a speed where it can operate on its own, usually involving a battery-operated, direct current electric motor. The solenoid is an electrical device that creates a magnetic field to actuate valves, switches, and other devices. The Tribunal concluded that the self-starter motor is an electric motor combined with additional components like the solenoid, making it more than just an electric motor.

5. Consequences of the classification on excise duty and interim orders:
The Tribunal ultimately held that the self-starter motor is not covered by Tariff Item 30 and should be classified under the residuary Tariff Item 68. Consequently, the orders passed by the Tribunal and lower authorities were set aside, and it was held that the self-starter motors manufactured by the appellants were liable to bear the duty of excise under Item 68. The interim orders during the pendency of the appeal required the appellants to pay the current demand of duty and provide a bank guarantee for the disputed amount. Following the present order, the demand of arrears will be recalculated, and the bank guarantee will be adjusted accordingly, subject to the provisions of Section 11B of the Act. The Tribunal concluded with no order as to costs.

In summary, the appeal succeeded, and the self-starter motors were classified under Tariff Item 68, not Tariff Item 30, impacting the excise duty obligations of the appellants.