9911796707
TMI Blog2013 (11) TMI 1148X X X X Extracts X X X X X X X X Extracts X X X X ..... nd of litigation. The applicants are engaged in the manufacture of 'Alternators'. According to the applicant, the alternators are semi-finished and not marketable and transferred to their Unit-II. It is contended that these semi-finished alternators are used as parts of 'Ground Power Unit' [GPU] at Unit-II. GPU is classifiable under Heading 88.03 and exempted by Notification No.6/2002, dated 01.03 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts that it is admitted by them that they have only undertaken quality control test and inspection at Unit-II. It is submitted that they have cleared the finished alternator from their premises and, the Revenue has rightly classified under Chapter 85. 4. Heard both sides and perused the records. 5. Heading 85.03 specifically mentioned AC generators (alternators). On the other hand, according to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which has essential character of alternator. Accordingly, the applicant has failed to make a prima facie case for waiver of the entire amount of duty. As such, the applicant is directed to deposit Rs.25 lakhs within a period of eight weeks from today. Upon deposit of the same, the balance adjudged dues shall remain waived and recovery thereof stayed till the disposal of the appeal. To report compl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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