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2011 (4) TMI 279 - SC - Central Excisecircular of the Central Board of Excise and Customs which is dated 15-1-2002 - in the case of Commissioner of C.Ex., Indore v. Virdi Brothers - (2006 -TMI - 874 - SUPREME COURT OF INDIA) relied upon aforesaid circular issued by the Central Board as also various other decisions of this court. This Court held that the appeal filed by the Commissioner Excise, had no merit - Besides, the air-conditioning plant was an immovable article whereas Asphalt drum/Hot mix plant is a movable article - Appeal is dismissed
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