9911796707
TMI Blog1998 (11) TMI 224X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondent. [Order per : C.N.B. Nair, Member (T)]. - The impugned order demands duty on aluminium channels (given the shape for use in manufacture of suitcases) under Tariff Item 7613.90 and 83.07. Arguing the appeal ld. Counsel Shri Gautam Dutta draws our attention to paragraph 4(1) of the impugned order which mentioned the processes carried out by the appellants on channels procured by them ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g, etc. do not amount to manufacture. He referred in particular to decision of the Tribunal in Collector of Central Excise, Baroda v. Dodsal Pvt. Ltd., Baroda - 1987 (28) E.L.T. 352 wherein the Tribunal held that straightening, cutting, bending, punching and galvanising of steel angles, plates, channels and bars as per specifications of supplier do not amount to manufacture and the decisions of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hardware Industries, supra, the Kerala High Court had held that cutting, drilling and welding carried out on MS angles amounts to manufacture of a distinct product, namely, cross-arms. Similarly, in the case of Simplex Castings (P) Ltd. - 1997 (94) E.L.T. 502 it has been held that cutting to size and welding as per sizes and specifications brought into existence a new product. 3. In reply, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hape and welding of steel according to specific drawings to form steel bands which are used in moulds. Contrary to this, in the case of VIP Industries the processes carried out were elementary in nature that of cutting the channels to sizes and bending them to shape to prepare them, for use in the manufacture of suitcases. These processes do not led to manufacture of any distinct goods. They are o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it petition. Similarly, the facts involved in the decision of the CEGAT in Simplex Castings Pvt. Ltd., supra, is not comparable to the appellant's case in as much as a new product is held to have come into existence on account of cutting, bending and welding of steel plates in that case. 5. In view of the foregoing discussions, the appeal succeeds and is allowed with consequential relief to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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