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2003 (12) TMI 427

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.... Varier, Consultant, for the Respondent. [Order per : K.C. Mamgain, Member (T)]. - This is an appeal filed by the Revenue against the Order-in-Appeal No.1081/99-C.E., dated 15-10-1999 passed by the Commissioner of Central Excise (Appeals), Bangalore. 2. The dispute in this appeal is of classification of sheet metal fabricated parts of machinery. The Assistant Commissioner has classif....

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....lely or principally with a particular machine are classifiable in the same heading as that particular machine or where a separate heading is provided in that separate heading and therefore excludes the impugned goods from classification under sub-heading 8485.90. The impugned goods are manufactured as per specification of buyer and are specially manufactured for mounting the electric or electrical....

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....panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of Heading 85.35 or 85.36 for electric control or the distribution of electricity including those incorporating instruments or apparatus of Chapter 90, other than switching apparatus of Heading No. 85.17. The Department has totally failed to establish that the sheet metal enclosures and the other parts manufactu....