2004 (2) TMI 204

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....l, Member (T)]. - This is an application by M/s. Delphi Automotive Systems (P) Ltd. for rectification of mistake in Tribunal's Final Order Nos. 775-776/2003-NB(B), dated 4-10-2003 [2004 (163) E.L.T. 47 (T)]. 2. Shri K.K. Anand, learned Advocate, submitted that the applicants filed an appeal against the Order-in-Original passed by the Commissioner, by which the Commissioner had denied them the b....

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.... the Tribunal's order, where it has been ordered that in view of the Circular dated 25-9-2002, it is only to be determined as to whether the appellants are supplying all the parts, mentioned in the Circular, to their customers whether from factory or from trading warehouse; that no adverse finding has been given by the Hon'ble Tribunal, about the clubbing of clearances with that of factory. The le....

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....various assemblies from their manufacturing unit and also some parts from trading warehouse (take date of issue of the show cause notice i.e. 4-4-2001); that the Commissioner also had given his specific finding in Order-in-Original No. 14/01 that the applicants had taken the benefit of Exemption Notification by bifurcating their clearances from the factory and the warehouse so as to give an impres....

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....ts mentioned in the Circular, it will not be considered to have essential characteristics of air-conditioning machines and will be classified as parts. The Tribunal remanded the matter to the adjudicating authority, as at the time of passing the impugned order, the said Circular was not before the adjudicating authority, with the direction to determine as to whether the appellants are supplying al....