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1997 Supreme(SC) 1170

G.T.NANAVATI, S.C.AGRAWAL
Collector Of Central Excise – Appellant
Versus
Ram Body Builders – Respondent


( 1 ) IN these matters the respondents are small-scale manufacturers who build or fabricate only bodies for buses or trucks on chassis supplied by their customers. The question that falls for consideration in these appeals and special leave petitions is whether the bodies so manufactured are classifiable under Heading No. 87. 07 or under Headings Nos. 87. 02 and 87. 04 of the central Excise Tariff. If the bodies are held to be classifiable under Heading no. 87. 07 the same would be entitled to exemption from excise duty under notification No. 175 of 1986 dated 1/3/1986. The division bench of the high Court of Punjab and Haryana by its judgment dated 19-12-1989 under challenge in Special Leave Petitions (C) Nos. 15606-08 of 1991 has held that the bodies were " covered by Heading No. 87. 07 as claimed by the assessee and not byheadings Nos, 87. 02 and 87. 04 as claimed by the Revenue. The same view has been taken by the Customs, Excise and Gold (Control) Appellate a tribunal (hereinafter referred to as "the tribunal") in various judgments which are under challenge in these appeals. Civil No. 531 of 1994 as well as in Civil No. 2138 of 1989 filed by the Revenue against the judgments o

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