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Cce, Pondicherry Vs. M/S. Manatec Electronics and Others

Cce, Pondicherry vs M/S. Manatec Electronics and Others

Type Court Judgment Court Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai Decided Sep 21, 2010
~1 min read
https://sooperkanoon.com/case/944478

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Citation
Court
Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai
Judge
Decided On
Case Number
Appeal Nos. E/246, E/247 & 248 of 2004
Subject
Right to Information

Case Summary

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

Right to Information

Key legal issue
Right to Information

Parties & Advocates

Appellant / Petitioner

Cce, Pondicherry

Advocate Shri C. Rangaraju, Shri C. Dhanasekaran, SDR, for the Appellant. Ms. Uma Maheshwari, Advocate for the Respondents.

Respondent

M/S. Manatec Electronics and Others

Excerpt

per jyoti balasundaram 1. the issue in dispute in the above appeal namely as to whether erection and commissioning charges recovered from the assessees are required to be included in the assessable value on motor vehicle garage equipments manufactured and cleared by the assessees herein, stands decided against the revenue vide tribunal’s decisions in cce, pune vs. nichrome metal works p. ltd. - 2001 (135) elt 429 and emerson network power vs. cce, mumbai - 2002 (150) elt 722. the commissioner (appeals) has relied upon these decisions as well as upon other decisions of the tribunal. although revenue has filed an appeal against the tribunal’s order in nichrome metal works (supra) before the apex court, the appeal is still pending. following the decisions of the tribunal cited supra, we uphold the impugned order and reject the appeal.

Full Judgment

Per Jyoti Balasundaram

1. The issue in dispute in the above appeal namely as to whether erection and commissioning charges recovered from the assessees are required to be included in the assessable value on motor vehicle garage equipments manufactured and cleared by the assessees herein, stands decided against the Revenue vide Tribunal’s decisions in CCE, Pune Vs. Nichrome Metal Works P. Ltd. - 2001 (135) ELT 429 and Emerson Network Power Vs. CCE, Mumbai - 2002 (150) ELT 722. The Commissioner (Appeals) has relied upon these decisions as well as upon other decisions of the Tribunal. Although Revenue has filed an appeal against the Tribunal’s order in Nichrome Metal Works (supra) before the apex Court, the appeal is still pending. Following the decisions of the Tribunal cited supra, we uphold the impugned order and reject the appeal.

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