9911796707
Advanced Search 
TMI Blog2002 (5) TMI 630X X X X Extracts X X X X X X X X Extracts X X X X ..... M. George, JDR, for the Respondent. [Order per : G.N. Srinivasan, Member (J)]. - This is an appeal filed by the assessee against the decision of the Collector of Customs and Central Excise, Goa, in Order-in-Original No. 3/Collr. Goa/CEX/95, dated 31-1-1995 whereunder he has confirmed the show cause notice dated 26-10-1989 issued to the assessee, proposing to levy duty on shuttering and cen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provisions of the Act and Rules were violated by the assessee appellant. In terms of Annexure I, the break-up of the value of steel was mentioned. On 16-6-1993 reply was made by the assessee stating inter alia that the shuttering comprises of duty paid M.S. plates, angles and flats temporarily bolted to each other to give desired shape to the concrete structure which is laid on it. The shuttering ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emphatically argued that the goods are not marketable. The final product, namely the shuttering which is used for concreting the immovable property. The construction or creation of the concrete has been fully described in the reply to the show cause notice. Therefore the M.S. steel plates which are removed after hardening of the concrete are not shuttering. The show cause notice does not propose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cause notice, at the site. The assessee accepts that the shuttering is a movable property but marketability has not been alleged in the show cause notice and therefore was not proved in the instant case. This aspect has been dealt with by us in our earlier Order-in-Appeals E/4284 & 4285/95 referred to above where in paragraph 9 we have dealt with the same. We do not want to differ from the same. F ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
