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2000 (3) TMI 297

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..... tion involved is whether fabrication of centering involving cutting of steel plates and angles to the required size by labour and gas, fitting, welding and drilling of the members would come within the term manufacture or not. 2. The appellant entered into an agreement M/s. U.P. State Bridge Corp. Ltd. services to make, out of the steel plates and angles supplied by M/s. U.P. State Bridge Cor .....

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..... (a) Cutting of Steel Plates Angles as per drawings. (b) Drilling of holes, welding of gussets and web plates. (c) Bracing member supports or back support plates/flanges for doubling. To ensure the proper welding, radiography of certain welded joints was carried out. It is the argument of the appellant that show cause notice issued on 13-9-1989 invoking provisions of the Section 11A prov .....

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..... ing into existence which was not the case of the party. Therefore the entire argument made by the appellant is wrong. In the finding portion, the adjudicating authority at page 5 of the order has held as follows : It has also been contended by the party that in case of fabrication of truss members from plates and angles, the identity of the original product is not lost and no transformation tak .....

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..... er and use. In the present case, the party, by subjecting the steel plates and angles to the aforesaid processes, have turned the same into a new finished product known as centering truss which would attract duty liability as soon as the manufacture of the same was completed . The steel plates have been mentioned in Item 73.08 of the Central Excise Tariff. I am therefore of the view there has be .....

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