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2000 (4) TMI 445

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....r the Respondent. [Order per : Justice K. Sreedharan, President]. - This is an appeal at the instance of the Revenue. They challenge the correctness of the Order-in-Original No. 34/MP/90/Addl. Collr./SRT, dated 18-12-1990. The short facts necessary for the disposal of the appeal are as follows. 2. On the allegation that the respondents herein were engaged in getting the blank video c....

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....ment to prefer an appeal before this Tribunal. Pursuant to that order of review, this appeal was filed on 31st August, 1999. 3. Learned counsel representing the department relied on the decision of the Supreme Court in Gramophone Co. of India Ltd. v. Collector of Customs, Calcutta reported in 1999 (114) E.L.T 770 (S.C.) to contend that preparation and sale of pre-recorded audio cassettes i....

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.... the view that person engaged in recording cassettes with audio material is indulged in mass production of such pre-recorded audio cassettes. That activity of recording audio cassettes was taken as a manufacturing activity. As against such an activity, which amounts to manufacture, their Lordships took note of certain activity as service activity and not as manufacturing activity. Thus, it is clea....

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.... the respondent are stated in paragraph 4 of the order of the Additional Collector. It reads : "4. The officers recorded further statement of Shri C.B. Sukhadia. Prop. of the club on 16-6-1986 under Section 14 of the Central Excises and Salt Act, 1944. Shri C.B. Sukhadia in his statement dated 16-6-1986 among other things stated that he runs video cassettes library and is giving recorded v....