Excise classification of foundation bolts turns on functional identity and common parlance, not captive use alone.

Foundation bolts used to fasten machinery to a foundation were classified by their actual commercial identity and functional character, not by the fact that they were used captively. Applying common parlance and marketability principles, the goods were treated as bolts because they performed a fastening function and were identifiable as such. The absence of sale did not by itself exclude excise classification where the goods remained marketable and recognisable. On that basis, the goods fell under Item 52 of the erstwhile Central Excise Tariff and not the residuary Item 68, so the Revenue's classification was upheld.

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Issues: Whether foundation bolts used for fastening machinery to the foundation were classifiable under Item 52 of the erstwhile Central Excise Tariff as bolts or under Item 68 as residuary goods.

Analysis: The lower appellate authority had reversed the factual finding recorded after factory inspection that the goods functioned as fastening devices, without bringing any new material on record. The classification had to be tested by the actual function and commercial understanding of the goods. The fact that the bolts were used captively and not sold was not decisive, because captive use does not by itself take the goods out of excise classification if they are identifiable goods. Applying the common parlance and marketability principles, goods known as foundation bolts and performing the fastening function fell within the description of bolts and not the residuary entry.

Conclusion: The goods were correctly classifiable under Item 52 and not under Item 68; the Revenue's classification was upheld.

Ratio Decidendi: For excise classification, the decisive considerations are the goods' commercial identity and functional character, and captive use alone does not displace classification under the tariff entry corresponding to that identity.

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