JUDGEMENT
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(1.) The challenge in this appeal is to an order dated 1st April, 2003
passed by the Customs, Excise and Gold (Control) Appellate Tribunal at New
Delhi (in short 'The Tribunal') in E/APPEAL No. 1553/02-B whereby the
Tribunal has dismissed the appeal filed by the appellant herein and upheld
the Order-in-Appeal passed by the Commissioner (Appeals).
(2.) The issue under consideration in this appeal is whether the goods
manufactured by the appellant are liable to be taxed as 'Parts of
Television Receivers' falling under Tariff Entry 8529 of the Central Excise
Tariff contained in the First Schedule to the Central Excise Tariff Act,
1985 (in short 'the Tariff') or as 'Television Receivers' under Tariff
Entry 8528 of the Tariff, for the year 1989-90.
(3.) The appellant is a manufacturer of various components of
television sets. The components are manufactured at its factory at Delhi.
Thereafter, the said components are assembled in the same factory for the
purpose of testing of each component and for checking the working of each
television set. Thereafter the television sets so assembled are
disassembled and then transported as parts to various satellite units of
the appellant company at different places. In these satellite units, the
separate components are re-assembled and, as per the appellant, some
further processes are carried out in order to make those sets marketable.
The issue is whether such components, which are manufactured at and
transported from the factory of the appellant at Delhi are liable to be
assessed as 'Television Receivers' or as 'Parts of Television Receivers'.;
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