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2002 INSC 212
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Citation Codes
Neutral Citations
2002 INSC 212
Equivalent Citations
citation codes
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    Commissioner, Central Excise, Nagpur v. Wainganga Sahkari S. Karkhana Ltd. .

    Order

    1. The Tribunal was concerned with whether making trusses, columns and purlins amounted to manufacture. The Tribunal followed an earlier decision in the case of Aruna Industries v. CCE (1986) 25 ELT 580 (Tribunal). It did not follow another decision in the case of Structurals and Machineries (Bokaro) (P) Ltd. v. CCE (1984) 17 ELT 127 (Tribunal).

    2. It is submitted on behalf of the Revenue that there are conflicting views taken by the Tribunal and that such conflicting views have been taken even after the impugned order.

    3. In one of these subsequent judgments, in the case of Richardson & Cruddas (1972) Ltd. v. CCE (1988) 38 ELT 176 (Tribunal), the case of Aruna Industries (1986) 25 ELT 580 (Tribunal) has been considered and found to be applicable to a situation where the assessee was erecting the structures at the construction site and fabricating materials on the spot; it was therefore found that this could not be considered to be fabrication in a factory. Now, in the instant case, the Tribunal noted that it had been found as a fact by the Collector that the assessee had undertaken fabrication work at the site. This was a case, therefore, to which the decision of Aruna Industries (1986) 25 ELT 580 (Tribunal) applied and the Tribunal's order cannot be faulted.

    4. The appeal is dismissed. No order as to costs.

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    Commissioner, Central Excise, Nagpur v. Wainganga Sahkari S. Karkhana Ltd. .
    (Apr 18, 2002)