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2002 Supreme(SC) 513
2002(4) Supreme 392
SUPREME COURT OF INDIA
(From Customs Excise & Gold (Control) Appellate Tribunal, New Delhi)
Chief Justice of India & N. Santosh Hegde and Shivaraj V. Patil, JJ.
Commissioner, Central Excise, Nagpur -Appellant
versus
M/s. Wainganga Sahkari S. Karkhana Ltd.
-Respondent
Civil Appeal No. 496 of 1998
Decided on 18-4-2002
Counsel for the Parties :
For the Appellant : Mukul Rohatgi, Additional Solicitor General, Jaideep Gupta, B.K. Prasad, Advocates.
For the Respondent : V. Lakshmikumaran, M.P. Devnath and V. Balachandran, Advocates.
Important Points
Tribunal rightly held in this case that fabrication work undertaken by assessee at site could not be considered to be fabrication in a factory following its decision in Aruna Industries, 1986(25) ELT 580.
Subject
Taxation Law - Excise Duty
Act Referred
Headnote
ORDER
The Tribunal was concerned with whether making trusses, columns and purlines amounted to manufacture. The Tribunal followed an earlier decision in the case of Aruna Industries, Vishakhapatnam v. C.C.E., Guntur [1986 (25) ELT 580]. It did not follow another decision in the case of Structurals and Machineries (Bokaro) Pvt. Ltd. v. Collector of Central Excise [1984(17) ELT 127].
2. It is submitted on behalf of the Revenue that there are conflicting views taken by the Tribunal and that such conflicting views have been taken even after the impugned order.
3. In one of these subsequent judgments, in the case of Richardson & Cruddas (1972) Ltd. v. Collector of Central Excise [1988(38) ELT 176], the case of Aruna Industries (supra) has been considered and found to be applicable to a situation where the assessee was erecting the structures at the construction site and fabricating materials on the spot; it was therefore found that this could not be considered to be fabrication in a factory. Now, in the instant case, the Tribunal noted that it had been found as a fact by the Collector that the assessee had undertaken fabrication work at site. This was a case, therefore, to which the decision of Aruna Industries (supra) applied and the Tribunal s order cannot be faulted.
4. The appeal is dismissed. No order as to costs.
(N.K.R.) Appeal dismissed.
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Parallel Citations of other Journals :
Commissioner Central Excise, Nagpur v.M/s. Wainganga Sahkari S. Karkhana Ltd., 2002(4) Supreme 392 : 2002(4) JT 483 : 2002 (142) ELT 12 : 2002 (52) RLT 125 : 2002 (102) ECR 529 : 2002 (127) STC 12 : (2002) 5 SCC 415 : 2002 (82) ECC 457 : AIR 2002 SC 2095
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