2013 (9) TMI 244

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.... 1. The applicant filed this application for waiver of predeposit of duty of Rs.3,90,89,657/- and penalty of Rs.1 lakh. 2. The applicant is engaged in the manufacture of Isolators and parts of Isolators falling under Chapter Heading 85.35 and 85.38 of the Schedule to the Central Excise Tariff Act, 1985. The applicant paid duty @ 20% adv. on parts of Isolators under Heading No.85.38 except Isol....

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.....2009, the Commissioner (Appeals) set aside the adjudication order and held that isolator metallic would be classified under Heading 85.35. He submits that the said order was not considered in the instant case by the Commissioner (Appeals). He submits that findings of learned Commissioner (Appeals) would indicate that Isolator Metallic itself is complete in all respects and therefore classificatio....

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....locks. There is no dispute that the applicant was paying duty at the rate of 20% applicable under heading 85.38 on all the parts of Isolator, except Isolator metallic which is disputed before us. The contention of the learned advocate that Isolator metallic is an essential part of Isolator and therefore as per General Rules for Interpretation of the Schedule to the Central Excise Tariff Act, 1985,....

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....rms of revenue collection cannot be a basis for deciding the matter at hand. The Ld. advocate submits that appellant's factory is closed down from the year 2002. As per the Balance Sheet, they have an accumulated loss of Rs.6.74 crores. Ld. advocate submits that applicant is a Joint Venture company and their subsidiary M/s. S&S Power Switchgear Equipment Ltd. is still working. We find that applica....