1989 (1) TMI 220 - AT - Central Excise

Summary

Issues:
1. Classification of Air Drive Reservoirs under Item 46 of the Central Excises & Salt Act, 1944.
2. Whether the removal of the reservoirs for captive consumption constitutes removals under Central Excise Rules.

Analysis:
The appeal before the Appellate Tribunal CEGAT, New Delhi centered around determining whether Air Drive Reservoirs manufactured by the appellants and fitted to Bottom Discharge Hopper Wagons qualify as metal containers under Item 46 of the Central Excises & Salt Act, 1944. The appellants argued that the reservoirs are component parts of Railway Wagons and not containers intended for packaging goods for sale. The Additional Collector had classified the reservoirs under Item 46, demanding duty and imposing a penalty. However, the appellants contended that the reservoirs function to open and close wagon doors, aiding in the transportation process, and thus should not be considered as metal containers.

The Tribunal examined the definition of "containers" under Item 46, CET, which includes items ordinarily intended for packaging goods for sale. The Air Drive Reservoirs, designed for operating wagon doors with pressure, were found not to align with the typical function of containers meant for packaging goods. The Tribunal emphasized that the reservoirs were integral to the functioning of the wagons as a means of transport, further supporting the argument that they do not qualify as metal containers under the said item.

In support of their position, the appellants presented Trade Notice No. 27/70-C.E., which clarified that containers intended for conveyance or storage of goods, such as tank wagons, are not covered under Item 46. This notice reinforced the understanding that items like the Air Drive Reservoirs, serving a specific operational purpose within the wagons, should not be classified as containers under the relevant provision.

Ultimately, the Tribunal ruled in favor of the appellants, holding that the Air Drive Reservoirs did not meet the criteria for classification under Item 46, CET. Consequently, the appeal was allowed, providing the appellants with relief from duty payment and penalty imposition as determined by the Additional Collector.