CUSTOMS, EXCISE AND GOLD (CONTROL) APPELLATE TRIBUNAL, NEW DELHI
S.S. KANG, C.N.B. Nair, JJ.
Sheth Computers (P.) Ltd. -Appellant
Versus
Collector of Central Excise, Bombay -Respondent
Final Order Nos. 1167-1168/2000-B Appeal Nos. E/3596 & 6195/92-B, 1167 of 2000, 1168 of 2000, 3596 of 1992, 6195 of 1992
Decided On : 11-04-2000
Per S.S. Kang :
The appellants made a request to decide the appeals on merits. These appeals are filed by M/s. Sheth Computers Pvt. Ltd., Shri Rajesh Rasiklal Sheth and Shri Lachhaman Das
2. The appellant made a request to decide the appeals on merits.
3. Heard Ld. JDR and perused the appeal papers. M/s. Sheth Computer Services Pvt. Ltd. are engaged in the assembling of Computers and they were clearing these computers without payment of duty. The contention of the appellants is that they were merely assembling the Computer System and mere assembly of Computer System does not amount to assembly of Computers, therefore, no duty is payable on such Computers.
4. M/s. Lachhaman Das
5. We find that the Tribunal in the case of Hansa Electronics (I) Pvt. Ltd. Vs. Commissioner of Central Excise, Mumbai-I, 1999 (35) RLT 23 (Cegat) held that assembling of data processing unit from duty paid parts amounts to manufacture. In the present case it is admitted by the appellants that they were assembling computer from the brought out items. This was admitted by Shri Rajesh in his statement before the Excise Officers. In view of the above mentioned position of the Tribunal, we find no merit in the appeal filed by M/s. Sheth Computer Services Pvt. Ltd.
6. A penalty of Rs. 10,000/- was imposed on Shri Rajesh Sheth under 209A of Central Excise Rules who is the Director of the appellants firm. There is no evidence on record to show that there is any malafide intention on his part to evade payment of duty hence the penalty of Rs. 10,000/- under Rule 209A of Rules on Shri Rajesh Sheth is not sustainable.
7. In the appeal filed by M/s. Lachhaman Das
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