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2005 Supreme(SC) 308

RUMA PAL, ARIJIT PASAYAT, C.K.THAKKER
W. P. I. L. LTD. , Ghaziabad – Appellant
Versus
Commissioner Of Central Excise, Meerut, U. P. – Respondent


Judgment

Thakker, J.—These appeals have been filed by the appellant against an Order in Original Nos. 123-29 of 1996 passed by the Assistant Commissioner, Central Excise, Division I, Ghaziabad, confirmed by the Commissioner (Appeals), Customs & Central Excise, Ghaziabad and also confirmed by the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi (‘CEGAT’ for short).

2. The case of the appellant is that it is the manufacturer of power driven pumps and parts thereof designed for handling water. The power driven pumps as well as parts thereof which are used for manufacture of pumps have been exempted from levy of excise duty since 1978. Various notifications had been issued from time to time granting exemption to both, i.e. power driven pumps and also parts of power driven pumps which were used in the manufacture of the power driven pumps. Parts of power driven pumps which were not utilized for manufacture of power driven pumps within the factory were, however, outside the purview of exemption and they were subjected to levy of excise duty.

3. According to the appellant, with a view to reducing special exemption notifications and consolidating various exemption notification
















































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