COLLECTOR OF CENTRAL EXCISE Vs. INDIAN HYDRAULIC INDUSTRIES NEW DELHI
LAWS(SC)-1997-2-59
SUPREME COURT OF INDIA
Decided on February 18,1997

COLLECTOR OF CENTRAL EXCISE Appellant
VERSUS
Indian Hydraulic Industries New Delhi Respondents

JUDGEMENT

- (1.) It was found as a fact that the respondents fit, part by part, specialised equipment on to a motor vehicle chassis so as to produce the sort of specialised motor vehicle that is commonly seen at airports and the like. Finding that the specialised equipment had not been assembled first and then mounted onto the chassis, the tribunal referred to Explanation II of Item 34 of the erstwhile excise tariff, which was applicable, and held that the authorities below had been in error in seeking to levy excise duty under entry 68 on the specialised equipment on the chassis.
(2.) This view is so plainly correct that it is not necessary to go into the alternative contention on behalf of the assessee, which was also accepted by the tribunal.
(3.) The Civil is dismissed, with no order as to costs.;


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