2000 (7) TMI 508

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....ty, as fully exempt from duty subject to observance of AR 3A and Bond Procedure as laid down under Notification No. 123/81, dated 2-6-1981. The issue involved in the present appeal is as to whether the Notification No. 123/81, dated 2-6-1981 which grants exemption to components, would also get extended to spares received by the appellants. 2. The appellants were issued a show cause notice dated 6-3-1987 alleging that the exemption Notification in question was not available to spares. As such, demand of duty of Rs. 46,124.62 for the period from 7-12-1983 to 18-6-1985 was raised against them, which no stands confirmed by the Orders of the authorities below. 3. We have heard Shri P.R. Biswas, learned Consultant for the appellan....

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....on No. 123/81, dated 18-3-1981 was not commented upon by the authorities below, the matter was remanded to the original adjudicating authority. Arguments have again been advanced before us that the bond executed does not amount to provisional assessments. We do not appreciate the above arguments inasmuch as the question of life of the bond already settled by the earlier Order of the Tribunal. 6. As regards the issue on merits, we find that Notification No. 123/81 exempts capital goods, components and raw materials subject to the conditions enumerated therein. Whether 'spares' would be included by the expression, 'components', or not, is the disputed issue. The appellants' contention is that the two expressions are synonymous as both....