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Commissioner of Central Excise, Pondicherry Vs. Numeric Power Systems Ltd

Commissioner of Central Excise, Pondicherry vs Numeric Power Systems Ltd

Type Court Judgment Court Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai Decided Sep 08, 2010
~1 min read
https://sooperkanoon.com/case/944215

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Citation
Court
Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai
Judge
Decided On
Case Number
Appeal No.E/711 of 2003
Subject
Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue
Land Acquisition

Parties & Advocates

Appellant / Petitioner

Commissioner of Central Excise, Pondicherry

Advocate Shri C. Dhanasekaran, SDR. Ms. Uma Maheshwari, Advocate.

Respondent

Numeric Power Systems Ltd

Excerpt

per jyoti balasundaram 1. the issue in dispute in the present appeal of the revenue is whether upss is covered under clause (a) of sl.no.1 of the table appended to notification no.10/97-ce dt. 1.3.97. 2. on hearing both sides, we find that this issue had come up for consideration before the tribunal in the appeals filed by the same assessees and vide final order no.1575-1577/09 dt. 29.10.09, the tribunal has held that since upss, as seen from the literature produced, is equipment to protect perils such as spikes, surges, voltage fluctuations, blackouts and other aberrations, it is covered under clause (a) of sl.no.1 of the table to notification no.10/97 and the benefit of exemption under the notification is available to the goods in question. following the ratio of the above order, we uphold the present impugned order of the commissioner (appeals) and reject the appeal of the revenue.

Full Judgment

Per Jyoti Balasundaram

1. The issue in dispute in the present appeal of the Revenue is whether UPSS is covered under clause (a) of Sl.No.1 of the Table appended to Notification No.10/97-CE dt. 1.3.97.

2. On hearing both sides, we find that this issue had come up for consideration before the Tribunal in the appeals filed by the same assessees and vide Final Order No.1575-1577/09 dt. 29.10.09, the Tribunal has held that since UPSS, as seen from the literature produced, is equipment to protect perils such as spikes, surges, voltage fluctuations, blackouts and other aberrations, it is covered under clause (a) of Sl.No.1 of the Table to Notification No.10/97 and the benefit of exemption under the notification is available to the goods in question. Following the ratio of the above order, we uphold the present impugned order of the Commissioner (Appeals) and reject the appeal of the Revenue.

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