K.S.JHAVERI,J. - (1.) By way of this appeal, the appellant has assailed the judgment and order of the Tribunal whereby the Tribunal has allowed the appeal preferred by the assessee.
(2.) Counsel for the appellant has framed the following question of law : "(i) Whether the Tribunal was justified in reversing the order-in-original and holding that the assessee is entitled to claim exemption under Notification No. 6/2006-C.E., dated 1-3-2006 on electric wires and cables, despite non-fulfilment of the conditions enumerated therein and deleting the Central Excise Duty of Rs. 60,68,208/- along with interest? (ii) Whether the Tribunal was justified in holding that electric wires and cables falls under the heading 98.01 of Customs Tariff Act, 1975 and thus entitled for exemption under Notification No. 6/2006-C.E., dated 1-3-2006?"
(3.) Counsel for the appellant contended that the Tribunal has seriously committed an error in reversing the finding given by the appellate authority namely Commissioner of Customs wherein in para 12.10 reads as under:- "12.10 In view of the above provision, only those goods will be classified under heading No. 98.01 of the Customs Tariff Act for which a contract has been registered with the proper Customs Authority as a project import under the said Regulation before clearance of goods from the factory. If any goods imported though may be similar to the goods for which contract is registered but if the goods are over and above the quantities specified in registered contract, shall not qualify to be classified under heading No. 98.01 ibid. Further even if at the time of import and clearance, the goods were classified under heading No. 98.01 but if the same are not used in the project, shall not be classified under 98.01 at the time of re-conciliation of the goods utilized in the project after the project is complete. The importer executes a bond for assessment of goods provisionally under heading No. 98.01 and in the event any part of the goods is not found to have been used in the project the said goods shall not be classified under 98.01 and shall be classified under appropriated tariff heading relevant to that goods for the purpose of levy of duty.";