2002 (8) TMI 118 - HC - Central Excise

High Court rules lift installation not subject to excise duty, clarifies on immovable property status

The High Court ruled in favor of the petitioner, a lift manufacturing and installation company, in a challenge against an excise duty assessment on the ... Dutiability - Immovable property Issues involved: Challenge against excise duty assessment based on contract value for erection and installation of lifts.Summary:The petitioner, a company engaged in lift manufacturing and installation, challenged a communication seeking to assess excise duty on contract value. The petitioner argued that the erection and installation of lifts are part of indivisible works contracts, involving high technical skill and becoming integral parts of buildings. Citing legal precedents, including a Supreme Court judgment, the petitioner contended that once an item becomes part of a building, it is not excisable goods. The Revenue attempted to distinguish the cited judgments but failed to do so convincingly.After considering the arguments and legal precedents, the High Court held that the erection of lifts, once integrated into buildings, constitutes immovable property and is not subject to excise duty. The court referenced a Government of India decision supporting this view. The communication seeking excise duty was quashed, declaring that lift erection is not excisable under the relevant tariff item. The court clarified that the judgment did not address the excisability of lift parts under different tariff items, leaving that aspect for separate investigation and adjudication by the authorities.In conclusion, the petition was partly allowed, ruling in favor of the petitioner on the issue of excise duty for lift erection, with no costs imposed.