TMI Blog1999 (9) TMI 372X X X X Extracts X X X X X X X X Extracts X X X X ..... in, Vice President]. Briefly stated the facts of the case are as follows :- 1.1 M/s. Bokaro Steel Ltd., a Government of India Undertaking (in short BSL) placed an order upon M/s Heavy Engineering Corporation Ltd., also a Government of India Undertaking (in short HEC) for design, erection, testing and commissioning of flux storage facilities in the Sinter Plant of BSL at Bokaro and for proc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... being supplied to HEC, were required to be cut, welded, drilled, joined etc. as per the connected drawing and designs. For such jobs the appellant placed an order upon M/s Mascot Kin Industries, Durgapur (in short Mascot) on January 5/16, 1989 (second appellant through proprietrix Chaitali Sinha). Mascot is Small Scale Industrial Undertaking and has got its factory at Durgapur where similar activi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... manufacture of goods falling under Sub-heading No. 7308.90. The Commissioner has accepted that since the appellant merely supplied the raw materials to Mascot and all the activities were undertaken at the premises of Mascot, the appellant cannot be treated as manufacturer. The Commissioner has, however, levied penalty of Rs. 5 lakhs upon the appellant under Rule 209A. 2. An important question ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DR for the Revenue. He reiterates the finding of the adjudicating authority. He submits that structurals have been brought into existence by the appellants herein more particularly by Mascot represented by Smt. Chaitali Sinha. Therefore, they are the manufacturers. They have done the works on behalf of the first appellant. Therefore, the first appellants are also concerned in getting the goods man ..... X X X X Extracts X X X X X X X X Extracts X X X X
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