COMMNR. OF CENTRAL EXCISE, AHMEDABAD vs. SOLID & CORRECT ENGG. WORKS
In the result we allow these appeals, set aside orders
C.A. No.-000960-000966 - 2003Supreme Court08 Apr 2010
Bench: We Formulate The Precise Questions That Fall For Our Determination, It Is Necessary To Briefly Set Out The Factual Backdrop In Which The Same Arises. 2. M/S Solid & Correct Engineering Works, M/S Solid Steel Plant Manufacturers & M/S Solmec Earthmovers Equipment Are Partnership Concerns Engaged In The Manufacture Of Parts & Components For Road & Civil Construction Machinery & Equipments Like Asphalt Drum/Hot Mix Plants & Asphalt Paver Machine Etc. M/S Solex Electronics Equipments Is, However, A Proprietary Concern Engaged In The Manufacture Of Electronic Control Panels Boards. It Is Not In Dispute That The Three Partnership Concerns Mentioned Above Are Registered With Central Excise Department Nor Is It Disputed That The Proprietary Concern Is A Small Scale Industrial Unit That Is Availing Exemption From 2
Section 35L
35L(b) of the Central
Excise Act, 1944 arise out of orders dated 19th August, 2002
and 8th April, 2003 passed by the Customs Excise and Gold
(Control) Appellate Tribunal, West Regional Bench, Mumbai,
whereby the Tribunal has set aside the order passed by the
Commissioner of Customs & Central Excise, Ahmedabad,
confirming the duty demanded from the respondents as also