Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

1997 (9) TMI 238

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ar, Member (T)]. - This appeal is directed against the Order-in-Appeal No. 83-CE/Alld./89. The appellants obtained stampings and laminations for manufacture of electric fans. These stampings and laminations were at the first stage used in the manufacture of electric motors which subsequently were used in the manufacture of fans. The appellants claimed benefit of Notification 95/83, dated 1-3-1 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... , Kanpur v. Vansals Electricals Pvt. Ltd. - 1996 (87) E.L.T. 285 (Tribunal) in his support. He also submits that there is absolutely no bar to grant of exemption in such cases and cites in this connection the case of National Organic Chemicals Inds. Ltd. v. C.C.E., Bombay-III - 1994 (70) E.L.T. 722 (Tri.). 3. Ld. DR submits that whereas such credit could be allowed in case of normal Rule 56(A) p .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... inished products are given duty relief to the extent of duty paid on electrical stamping and laminations or electric motors. It is true that appellants did not pay any duty on electric motors. At the same time, however, it is clear from the Appeal-memo. that subsequent to instructions issued by C.B.E.C. under letter dated 11th April, 1984, they had the option to pay duty on the electric motors. In .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... tions were duty paid and electric fans were liable to duty as finished product. This is clear from Hon ble Supreme Court s judgment in case of Steel Authority of India Ltd. v. Collector of Central Excise, Bolpur - 1997 (90) E.L.T. 287 (S.C.). Ministry s instructions dated 11-4-1984 an option had been clearly given to the appellants to pay duty on electric motors. In their appeal memo. also (Page 7 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates