1995 (2) TMI 221

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....r the Respondent. [Order per : G.A. Brahma Deva, Member (J) ]. -  This is an appeal filed by M/s. Duropolyprene Pvt. Ltd. against the order-in-appeal dated 17-4-1986 passed by the Collector (Appeals), Central Excise, Calcutta. When the matter has come up for final hearing, none appeared for the appellants. However, we find that there was a request from them to decide the case based o....

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....teel core and also fitted with flanges where required. Further it was contended before the authorities below that the benefit cannot be denied since the terms of Notification 197/67-C.E. do not at any stage refer to the character of the rubber product as tubing/piping but clearly emphasised that such component parts should not perform the function of conveying gas or liquid. The Assistant Collecto....

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.... Shri M.K. Jain, learned SDR submitted that metal base of the piping and tubing converted into components or rice machine cannot be said to be piping and tubing of unhardened vulcanised rubber for classifying under Tariff Item 16A(3) of the Central Excise Tariff. He said that the exemption Notification 197/67-C.E. is for piping and tubing of unhardened vulcanised rubber falling under sub-item (3) ....

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....uty if they are `designed to be' or are converted in the factory of their production into component parts of machinery articles. No intention can be spelt out from the wording of this sub-item that even such resultant component parts would also be exempt." 4.  We have considered the submissions and perused the records. On going through the facts, we find that the rubber roller for rice mil....