Judgements

Cc vs Panchmahal Steel Ltd. on 22 November, 2002

Customs, Excise and Gold Tribunal – Mumbai
Cc vs Panchmahal Steel Ltd. on 22 November, 2002
Equivalent citations: 2003 (107) ECR 320 Tri Mumbai
Bench: K Usha, N T C.N.B.


ORDER

K.K. Usha, J. (President)

1. The issue raised in these appeals, at the instance of the Revenue, is whether refractory bricks imported by the respondent can be treated as components. The contention raised by the appellant is that by using the word ‘Components” the Notification 77/90-Cus intends to restrict the scope of concession only to those parts which are required for initial setting and does not extend it to subsequent replacement. Reliance was placed on three decisions:

(1) Vaz Forwarding P. Ltd. v. CC 1980 (43) ELT 358 (T);

(2) M/s. Hindustan Sanitary Wares v. CC

(3) CC v. Kesari Steels

The issue is now settled by the decision of the Supreme Court in Hindustan Sanitary Ware & Industries Ltd. v. Collector of Customs, Calcutta . The decisions in and have been reversed in the above decision of the Supreme Court. The decision in Kesari Steels has been overruled by Larger Bench decision of the Tribunal in Shri Ishar Alloys Steel Ltd. v. CC, Bombay . In view of the above the orders impugned are sustained and the appeals filed by the Revenue are dismissed.