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1986 Supreme(Kar) 36

S.R.RAJASEKHARA MURTHY
IDEAL JAWA (INDIA) PVT. LTD. – Appellant
Versus
ASSISTANT COLLECTOR OF CENTRAL EXCISE,. D. O. , MYSORE – Respondent


( 1 ) THE petitioner is a Private Co. , Ltd. , manufacturing motor cycles known as Jawa/yezdi of various capacity. the petitioner obtained a licence to manufacture motor-cycles in the year 1960. In the year 1971, Item No. 52 in the Central Excise Tariff was introduced, for the first time. That entry reads thus :- "52. Bolts and Nuts, threaded or tapped and screws, | Ten per cent of base metal or Alloys thereof, in or in relation | ad valorem. to the manufacture of which any process is ordinarily | carried on with the aid of power. |

( 2 ) AFTER the insertion of the said entry, the petitioner was asked to take out licence in respect of bolts and nuts manufactured by the petitioner-company. Those items are enumerated in the petition at page 15, and the description of the bolts and nuts and their functional utility is also given in the statement filed in that page. They also indicate the bolts and nuts used in the assembly of motor-cycles of different capacities.

( 3 ) SINCE the Department insisted on the petitioner to take out a licence in respect of the said items, the petitioner complied with the direction and took out a licence under protest and contended that the items in questi




























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