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2000 (12) TMI 293 - AT - Central Excise
Issues: Classification of optional accessories for vacuum cleaners and their chargeability to duty.
In this judgment by the Appellate Tribunal CEGAT, New Delhi, the appellants, engaged in manufacturing vacuum cleaners with standard accessories, filed classification lists claiming classification of different models of vacuum cleaners with standard accessories while leaving out optional accessories. The Excise department contended that optional accessories should also be classified along with the main machine and charged duty accordingly. The Assistant Collector's order-in-original, affirmed by the Collector (Appeals), supported this view. The appellants filed appeals against these orders. The Tribunal noted that the optional accessories were bought-out items not manufactured by the appellants, aimed at providing extra facility and enhancing the utility of the vacuum cleaner. Referring to a previous judgment where the Tribunal held that the value of optional accessories was not includible in the assessable value of the vacuum cleaner under Section 4 of the Central Excises Act, it was established that the optional accessories were not essential for the functioning of the vacuum cleaner and were complete without them. Given the earlier judgment, the Tribunal concluded that since the value of optional accessories was not includible in the assessable value of the main machine, the question of their classification along with the machine and chargeability to duty did not arise. The appellants could not be compelled to classify optional accessories along with the vacuum cleaner and pay duty on them, especially when these accessories were not their manufactured products and were supplied only on customer request. The standard accessories, already declared in the classification list, were the only ones to be considered for classification and duty payment. Therefore, the impugned orders of the Collector (Appeals) were set aside, and the appeals of the appellants were accepted, ruling in their favor on the issue of classification of optional accessories for vacuum cleaners and their chargeability to duty.
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