1990 (9) TMI 73 - HC - Central Excise

Summary

Issues:
1. Whether the plates and black shields supplied with photo-copying machines are liable to excise duty under Tariff Item No. 33D.
2. Whether the plates and black shields are essential parts of the photo-copying machine.

Detailed Analysis:
1. The petitioners, a limited company manufacturing photo-copying machines, sought a refund of excise duty paid on accessories like plates and black shields supplied with the machines. The Asstt. Collector initially rejected the refund for plates and black shields, deeming them essential for machine functioning. However, the Appellate Collector allowed the appeal, stating that the plates and black shields, though essential, could be purchased separately, making the machine complete even without them. The Government of India later reversed this decision, claiming the accessories were integral to the machine's cost. The petitioners challenged this decision under Article 226 of the Constitution.

2. The court held that while plates and black shields are necessary for machine operation, they do not constitute integral parts of the machine under Tariff Item No. 33D. The court analogized the accessories to film in a camera or petrol in a car, essential for function but not part of the core machine. The appellate authority's findings that the machine is complete without the accessories and customers can buy them separately supported this view. The court cited previous judgments to support its stance and overturned the government's decision, reinstating the Appellate Collector's order for the refund. The court found the decision of the reviewing authority unsustainable and set it aside, restoring the original order.