CUSTOMS, EXCISE AND GOLD (CONTROL) APPELLATE TRIBUNAL, NEW DELHI
H.R. SYIEM, G.P. Agarwal, JJ.
S.A.E. (India) Ltd. -Appellant
Versus
Collector of Central Excise -Respondent
Appeal Nos. E/850, 851 AND 1904 to 1907/85-B1 Co. Nos. E/Cross/534 562 to 565/85-B1 Order Nos. 254 to 257/88-B, E/850 of 1985, 851 of 1985, 1904 to of 1985, 1907 of 1985, E/Cross/534 of 1985, 562 to of 1985, 565 of 1985, 254 to of 1988, 257 of 1988
Decided On : 13-05-1988
G.P. Agarwal, Member (J)
1. Out of the six appeals in hand, five appeals relate to classification of the goods and one appeal relates to the rejection of refund claims lodged by the appellants.
2. Factual backdrop: It is the case of the appellants that they accept on contract basis from the State Electricity Boards, in the country to install Electric Power Transmission Towers made of Steel for public distribution of Electric Power. For this purpose, they received from the Steel Authority of India Ltd., Tata Iron
3. Shri Satyasheel, learned Counsel for the appellants submitted that in all the six appeals, issue involved is identical and stands decided in favour of the appellants by this Tribunal, as would appear from the decisions rendered in--(1) Collector of Central Excise, Baroda v. M/s. Dodsal Pvt. Ltd. 1987 (11) ECR 692, (2) Arm Industries, Visakhapatnam v. Collector of Central Excise 1986 (8) ECR 166, (3) R.S. Steel Works, ghaziabad v. Collector of Central Excise, Meerut, Order No. 395/86-B1 dated 1.7.1986. In reply Shri J.N. Nigam, learned SDR for the respondent, while supporting the impugned orders submitted that the activities of the appellants such as cutting, punching, galvanising etc. of the steel angles amounts to manufacture and cited the following cases--Brakes India Ltd. v. Supdt. of Central Excise, Madras 1980 ELT 775 : (Madras) 1981 ECR 10D, (2) Structurals and Machineries v. Collector of Central Excise MANU/CE/0038/1984, (3) Metal Forgings Pvt. Ltd, v. Union of India MANU/DE/0360/1987, Delhi.
4. We have considered the arguments and find that the issue involved in the instant appeals is fully covered by the series of decisions of this Tribunal. In the case of Collector of Central Excise, Baroda v. M/s. Dodsal Pvt. Ltd., supra the following issue was involved (which is identical to the issue involved in the instant appeals):
(i) Whether the iron
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