1993 (12) TMI 167

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..... [Order per : P.C. Jain, Member (T)]. Shri V. Sridharan, ld. Advocate prays for waiver of pre-deposit and stay on recovery of Rs. 6,04,905/- demanded as duty on assembly of electric generating sets out of various parts such as generator, alternator, control panel, etc. purchased from M/s. Powerica, who have also installed the electric generating set at the premises of the appellants/appli .....

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..... of the goods purchased by the applicants in terms of the Valuation Rules. This profit margin is not called for at all because the same person M/s Powerica has calculated the margin of profit in the installation charges collected by him from the applicants in view of the Supreme Court s judgment in the case of Ujagar Prints - 1988 (38) E.L.T. 535. On a query from the Bench, he fairly concedes that .....

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..... He, however, does not controvert the position regarding availability of Modvat credit and of the ruling laid down by the Supreme Court in the case of Ujagar Prints. 3. We have carefully considered the pleas advanced from both sides. On the facts and circumstances, as narrated above, we are of the view that there is a case for levy of duty on electric generating set under Heading 85.02 because o .....

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