K.K. TATED, J.

Heard the learned counsel for the rival parties.

The present appeal is preferred by the Appellant/Assessee against the judgment and order dated 7th November, 2008 passed by the First Bench of the Maharashtra Sales Tax Tribunal, Mumbai in VAT Appeal No. 1/2008.

FACTS

The relevant facts leading to the present appeal can be summarized as under :-

The Appellant is a private limited Company and it has manufacturing unit at Vasai in Thane district. The Appellant started manufacturing bicycles "Model Matrix" with an auxiliary electric motor having a 30 minutes backup power of less than 0.5 kilo watt, which is also called as "E-Bike-Matrix". Battery is provided along with pedal assistance. Battery is required to be charged if a person wants to use the electrical energy. No engine is fitted in the said "E-Bike". The Appellant was of the view that the said product is covered by the word "bicycle", as such, the same is exigible to tax @ 4% as it falls under the schedule Entry C-14 which reads thus :-

"Bicycles, tricycles, cycle rickshaws and parts, components and accessories and tyres and tubes thereof."

The Appellant, therefore, filed an application under Section 56(1