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of <h1>Appellate Tribunal Denies Duty Exemption on Wires & Cables for Govt Undertaking</h1> <h3>INCAB INDUSTRIES LTD. Versus COMMISSIONER OF C. EX., PUNE-I</h3> INCAB INDUSTRIES LTD. Versus COMMISSIONER OF C. EX., PUNE-I - 2001 (137) E.L.T. 574 (Tri. - Kolkata) Issues:1. Denial of duty exemption for wires and cables supplied to a government undertaking.2. Failure to appeal a previous order denying benefit of notification.3. Interpretation of relevant notifications regarding exemption for parts of battle tanks.4. Comparison with previous tribunal orders regarding classification of wires and cables.Issue 1: Denial of duty exemption for wires and cables supplied to a government undertakingThe Appellate Tribunal upheld the authorities' decision to confirm a duty demand of Rs. 9,09,042.00 on wires and cables manufactured by the Appellants. The Appellants supplied these wires and cables to a government undertaking, claiming exemption under specific notifications. However, the Revenue argued that the wires and cables, falling under Chapter 8544.00, cannot be considered as parts of battle tanks and thus are not eligible for the exemption.Issue 2: Failure to appeal a previous order denying benefit of notificationBefore the present impugned order, an Order-in-Appeal was issued on 27-5-1995, confirming the denial of the notification's benefit. The Appellants did not appeal this order, which had become final. The failure to challenge the previous order contributed to the dismissal of the current appeal.Issue 3: Interpretation of relevant notifications regarding exemption for parts of battle tanksThe Commissioner (Appeals) analyzed the relevant notifications, particularly Notification No. 164/87-CEX., which exempts parts of battle tanks from excise duty. The Commissioner emphasized that the exemption applies to parts specifically used in battle tanks, and since the wires and cables were not identifiable for such use, the claimed exemption was deemed invalid. The Commissioner's decision was supported by the Appellate Tribunal, emphasizing that the wires and cables were not considered parts of battle tanks.Issue 4: Comparison with previous tribunal orders regarding classification of wires and cablesThe Appellate Tribunal referenced a previous case involving insulated wires and cables, where the benefit of a similar notification was denied. The Tribunal highlighted that wires and cables, even if cleared in running length, do not qualify as parts of battle tanks. By applying the precedents set in earlier decisions, the Tribunal concluded that the Appellants' wires and cables did not meet the criteria for exemption and thus rejected the appeal. The decision was based on the interpretation of relevant legal provisions and consistent application of tribunal rulings.
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