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Ctr Mfg. Industries Ltd. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1992)(38)ECC8

..... invoice prepared in the course of international trade it follows that 'tin foils' having small admixture of other alloying metals such as lead are used as raw material for the manufacture of electronic plastic film capacitors and despite the small admixture of other alloying elements such foils on account of their predominant tin content would continue to be known in common or trade parlance as 'tin foils'. ..... the material of the foil as indicated in the invoice read as "83% sn, 15% pb", 2% sb".the appellants' case is that tin foil can be used for winding the plastic film capacitors only after alloying it with certain other materials for imparting strength to prevent tearing during the course of winding and such foils with small admixture of other alloying elements continues to be known as ..... it is evident that the revised notification was issued with the objective of obviating the problems encountered by manufacturers of plastic film capacitors in the clearance of imported consignments of 'tin foils' on account of a strictly technical interpretation of the scope of the expression 'tin foil' occurring ..... he stated that pure tin foil is not at all usable for making capacitor windings since pure foils of 5 and 10 micron required for capacitor windings if composed of only tin would not have adequate strength to withstand the tension while being ..... tin foil without any admixture of alloying metals was not usable as capacitor windings was not based on any technical text or material on the .....

Electrotherm (i) Ltd. Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1996)(83)ELT318TriDel

..... diagram and the examination report, it was evident that what has been imported consists of parts of induction heating system including one inductor, one rectifier and one capacitor bank; together they act as a static convertor of induction transistor generator type.2.0 the main job of static converters is to change the characteristics of electrical current i.e. ..... counsel further stated that it was their contention that rectifier plug inverter along with control system and the capacitor together constitute a part of induction heating system for their furnaces. ..... it was also his submission that although, the capacitor bank is outside the main body of the convertor the latter cannot function without it.2.1 ld. ..... two heating stations with capacitor bank 400 kvar linked by flexible cables to the generator, (cable length 5 metres).1.7 the technical writeup along with diagram and technical literature/catalogue has been filed by them.1.8 the customs had initially considered ..... most of the appliance of this heading consist of an assembly of electrical goods or parts (valves, transformers,, capacitors, chokes, resistors, etc. ..... counsel stated that the appellants are engaged in the manufacture of induction melting furnace and induction heating equipment.1.2 they imported induction transistor generator with capacitor bank from spain. .....

Norma Industries Vs. Municipal Corporation of Delhi

Court : Delhi

Reported in : 1994(1)ARBLR252(Delhi); 53(1994)DLT162

..... singh, learned senior counsel, appearing on behalf of the petitioner admitted that the shunt capacitor charges/low power factor charges could be levied in case the power factor is found to be below 0.85. ..... since in the present case the power factor was found to be below 0.85, the levy of shunt capacitor charges/low power factor charges were in accordance with the tariff. ..... since i have held that the disputes pertaining to the shunt capacitor charges/low power factor charges is not referable, i direct the petitioner to deposit the amount of the bill pertaining to the said charges within four weeks. ..... admittedly in terms of clause (x) and (xx) of the tariff, shunt capacitor charges / low power factor charges can be levied by desu in case the power factor is found to be below 0.85. ..... (a)whether the respondents are justified in levying shunt capacitor charges/low power factor charges on the petitioner in the impugned bill for the month of april 1992 or in future bills? ..... in this connection he drew my attention to clause (x) and (xx) of the tariff and submitted that since the power factor in the present case was found to be below 0.85, the petitioner was liable to pay shunt capacitor charges/low power factor charges. .....

Nrc Ltd. Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2000)(92)LC663Tri(Mum.)bai

..... we are prima facie unable to agree that it satisfies the definition of capital goods under rule 57q.the object of such a capacitor is to effect economy in its expenditure by reducing the amount of electricity consumed. ..... the goods in question would continue to be processed or produced without this capacitor; the only difference would be the higher consumption of electricity. ..... it was explained that this was in the nature of electric capacitor, which was utilised by the applicant in order to reduce the electric consumption. ..... the use or non-use of this capacitor would not have the slightest effect on the production processes and technology employed by the applicant. .....

Shree Om Enterprises Pvt. Ltd. Vs. Bses Rajdhani Power Ltd.

Court : Supreme Court of India

..... similarly, the appellant having failed to install the requisite capacitor was also liable to pay surcharge as contemplated by the said terms and conditions of supply. ..... by the letter dated 06.11.1991 the plaintiff was also informed that in the inspection carried out on 14.06.1991, the power factor was found to be below the prescribed limit as the shunt capacitor had not been installed or maintained properly. ..... and packing materials; that there was no manufacture of pvc conduit pipes in its premises and further that there was no misuse of electricity and excess of load beyond the sanctioned load or installation of inadequate and improper capacitor as alleged in the notices under reply. ..... a question of fact, namely, whether the plaintiff had exceeded the sanctioned load as permissible for sip consumers and whether the plaintiff was responsible for low load factor as it had not installed the requisite capacitor. .....

Assistant Engineer, Electrical Section, Kseb, Mayyil and Others Vs. K. ...

Court : Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram

..... the learned counsel for the appellants pointed out that for the failure to connect the capacitors properly the appellants were entitled to claim 20% higher tariff on fixed and energy charges than the approved rates as per tariff orders. ..... an amount of rs.27,795/- was claimed for failure to replace the capacitor during the period from march 2003 to april 2004. ..... it is true that according to the appellants, the capacitor was replaced only on 19.01.04 though notice was given on 07.04.03 while giving evidence the respondent/complainant categorically stated that he replaced the capacitors within two days of receipt of notice. ..... on receipt of notice to rectify the defect of the capacitor within 7 days, the complainant did the rectification. ..... on 07.04.03 notice was issued to rectify the defects of the capacitors within 7 days. ..... further the capacitors connected had not been functioning properly. ..... the capacitors were replaced only on 19.01.04. ..... he was directed to install one more capacitor. .....

Madan Mohan Rao Vs. United Bank of India and ors.

Court : Delhi

..... was opened on 13.1.95) since m/s accurate capacitor was enjoying cash credit facility with that bank since 1984 in violation of banks guidelines. ..... accurate capacitor contains following irregularities:i) transporter not iba approved. ..... accurate capacitor, an associate concern of m/s. ..... of m/s accurate capacitor at your branch(a/c. .....

Collector of Customs Vs. Nimex Trading Corpn.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1998)LC45Tri(Delhi)

..... as the appellate authority had set aside the order ot the adjudicating authority on the ground that the motor capacitors were different from the power capacitors and as we find that as per isi specification, the motor capacitors were only a type of power capacitors, we consider that the view taken by him was not correct.7. ..... the adjudicating authority had referred to the submission made by the importers that the capacitor was used for running in of the single phases asynchronous electric motors and that it could not be used in the power system. ..... , dated 29-4-1987, paper capacitors, power capacitors, medium and high frequency capacitors and disc ceramic capacitors were not eligible for concessional rate of duty under that notification.6. ..... collector took a view that "mrc" were power capacitors and as power capacitors were excluded for the purpose of exemption under notification no. ..... the adjudicating authority had referred to the isi specification : 1885-1977 wherein different types of power capacitors used in the field of electrical engineering had been defined. ..... again the motor capacitors have been referred to in the is : 2993-1975 wherein it has been referred that the motor capacitors were intended for connection to windings of an asynchronous motor supplied from a single-phase system.the goods as imported were covered by this definition of motor capacitor which is a type of power capacitor.5. .....

Samrat Enterprises Vs. Commissioner of Customs (import)

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2000)(122)ELT423TriDel

..... regard to these items is that the price has been compared with the price of capacitors of very established brand name and which were identifiable parts of various electronic machines, while capacitors imported by the appellants were not any particular parts of identified electronic goods. ..... the appellants in the appeal is that the consignments were stock lots of varieties of capacitors and that they were goods of several country origin like korea; taiwan and china. ..... invoicing and on the basis of prices observed in respect of contemporary imports of certain specified descriptions of electrolytic capacitors by other importers, the case was taken up for detailed investigation by the customs authorities. ..... of the learned counsel that enhancement of value on pro-rata basis in respect of 91 varieties of capacitors is contrary to the provisions of customs valuation rules, constitutes the correct legal position. ..... and providing details regarding specifications was done to enable the sale of the capacitors depending upon their correct specifications and on identification that they are the products of a leading manufacturer, like samsung of korea ..... submission of the learned dr in support of the impugned order are that capacitors is a general purpose part in electronic goods and are identified and sold ..... misdeclaration of value of the goods, the customs authorities felt that, the remaining 24 items of capacitors also should be treated as undervalued and their value also increased by 4.69 times. .....

Guru Nanak Ice Factory Vs. Uttaranchal Power Corporation and ors.

Court : Uttaranchal

Reported in : AIR2005Utr1

..... according to the petitioner, in this report, which is in favour of the petitioner, it was found that the capacitor was defective and the petitioner could not have consumed the load of 89.0 horse power because the transformer was only of 100 kv capacity, on which 145 domestic connections were also connected. ..... the petitioner, therefore, pleaded that the reason for showing higher load was due to the defect in the capacitor or due to the defect in the electric meter, for which the petitioner could not be blamed. ..... there is no doubt that reference has been made of the opinion of the executive engineer that more power can be recorded either on capacitor being defective or meter being defective. ..... there is a clear finding even in the earlier inspection that the capacitor had become defective. .....