1983 (12) TMI 292

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....arat Das, Advocate, for the Appellants. Shri Lakshmi Kumaran, S.D.R., for the Respondent. ORDER The Appellants M/s. Dempo Engineering Works Pvt. Ltd. have been licensed for manufacture of floating vessels, such as, Barges, Launches and Trawlers. These items fall under the Item 68 of the CET. Under Government of India Notification No. 176/77, dated 18-6-1977, these goods are exempt from pa....

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....ing as per general trade parlance and usage and ordered the petitioner to pay the Central Excise duty amounting to Rs. 56,000/- because after inclusion of the value of the crane in the total investment, the total value of plant and machinery exceeds the ceiling of Rs. 10 lakhs. The Appellate Collector also rejected the contention of the Appellant that the crane is not a part of machinery installed....

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....lled' means to set up or fix. Installation of machinery is complete only when it is fixed to the ground in position in use or service. Since the crane is a mobile crane, it cannot be considered to have been installed in the factory as part of the plant and machinery. The SDR referred to the following citations :- CIT v. Meer Mohd. Ali - AIR 1964 S.C. (P. 1693); CIT v. Saraspore Mills Ltd. - 195....

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....considered the submissions made by both the parties and is of the view that since the mobile crane is meant for being used in the industrial unit for conducting its operations for transport within the factory, it should be considered as part and parcel of the plant and machinery installed therein. It is not necessary that the plant and machinery must be embedded in earth or attached to what is so ....