Definition and scope of the term 'Goods' for the purpose of charging duty under Central Excise and Salt Act, 1944, specially with regard to excisability of plant and machinery assembled at site and fixed to the ground
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Definition of goods: binding interpretation governs; machinery bolted to foundations may remain excisable if removable. The term goods is undefined in the Central Excise Act and Article 366(12) provides an inclusive definition; immovable property under the General Clauses Act includes things attached to earth. Under binding judicial interpretation pursuant to Article 141, machinery superficially attached or bolted to foundations that can be unbolted and bought or sold does not become immovable property and remains excisable; field formations should follow this guidance.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Definition of goods: binding interpretation governs; machinery bolted to foundations may remain excisable if removable.
The term goods is undefined in the Central Excise Act and Article 366(12) provides an inclusive definition; immovable property under the General Clauses Act includes things attached to earth. Under binding judicial interpretation pursuant to Article 141, machinery superficially attached or bolted to foundations that can be unbolted and bought or sold does not become immovable property and remains excisable; field formations should follow this guidance.
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