2002 (12) TMI 267

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....for the Appellant. Shri Jagdish Singh, JDR, for the Respondent. [Order per : V.K. Agrawal, Member (T)]. - The issue involved in this appeal, filed by M/s. Pal Brothers Works (now known as M/s. Season Electrics Pvt. Ltd.), is whether "Electromagnet Assembly" manufactured by them is classifiable under Heading 90.33 of the Schedule to the Central Excise Tariff Act as parts of Electricity Sup....

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.... of his contention that the impugned goods is only a part of Electric Meter. The learned Advocate also mentioned that Heading 85.05 covers only electromagnets, permanent magnets and articles intended to become permanent magnets after magnetization; that Heading 85.05 does not apply to Electromagnet assembly; that Note 2(a) to Chapter 90 clearly provides that parts and accessories which are goods i....

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....ned Advocate, the impugned product creates electromagnet field and flux; that attachment of an accessory, that is, power factor, does not change the primary function of the electromagnet; that the principal function is the determining factor in ascertaining the classification of a product; that primary/fundamental function being as electromagnet, the impugned product is appropriately classifiable ....

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....not disputed that the impugned product is something more than electromagnet as power factor has been attached to the same. We find substance in the submissions of the learned Advocate that the impugned product is not electromagnet simplicitor but a combination of electromagnet and power factor. It has also not been disputed by the Revenue that the impugned product is a part of Electricity Meter. I....