TMI Blog1987 (8) TMI 327X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessees say that they are not fasteners and are not assessable under Item 52. The two counsels advanced several arguments. 2. The learned counsel for the appellant M/s. Sree Veeraraghaua Industries said that a stud is only a rod with threads at its ends to which nuts are affixed. They are not fastener, assessable under Item 52. It has no head and cannot bind the two bodies. It is a plain rod with threads of both ends; any fastening that may be done would only be by means of nuts required to be screwed to the threaded end. In ordinary trade parlance, the studs manufactured by them are not accepted as bolts. In respect of the eye bolt they are only used in the manufacture of gland valves and for fastening the brake lever and brake rod and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stud anytheless a fastener nor take from it any of its fastening capability. Nor is it correct to suggest that it is the nuts that bind/fasten. It is the stud, of course with the nuts, which binds and fastens. The absence of one does not make the other a non-fastener. To understand this a simple illustration will be in order. A rivet when it leaves a factory has only one head formed by flatening one end of the rivet body or rivet shank; in that condition the rivet is no rivet, because it cannot rivet things. It is only when in position in the hole prepared in 2 or 3 pieces to be joined and when its remaining end is beaten and flattened, will it rivet; that is to say, bind the pieces and hold them together in place. The absence of the other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bts from this that the eye bolts holds the glands to the valve body. It is claimed by the manufacturer that since adjustment is done only occasionally the fastening is only secondary in importance. It all depends on one s way of looking at the thing. To minimise and prevent leakage, it is necessary for the eye bolt to hold the gland in position firmly. Failure will produce undesirable result. Failure of holding fast i.e. fastening, result in some undesirable event, which is leakage of oil or other liquid or misalignment of parts or in extreme cases, damage of components effected by the loose connection. In all the cases of binding and fastening, firm connection of the two or three joined parts is a necessary feature of the fastening process ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cise licence and that this attracted the extended time limit under Rule 9(2) of the Central Excise Rules, 1944. But, surprisingly, he says I therefore, restrict the demand to Rs. 6,602.14 in respect of the said clearance of studs and eye bolts. If he finds suppression of production and clandestine clearance in respect of eye bolt, then at least in respect of these he should not restrict demand, but should have demanded duty for the full period it would go. Anyhow, I will not go further into it as I do not see what there is to be done about it, the Additional Collector having already passed his order. 13. The duty as demanded by the Additional Collector shall be paid. But, I am not able to see how the penalty was warranted when the adju ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
