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2016 (7) TMI 1221 - CESTAT NEW DELHI

2016 (7) TMI 1221 - CESTAT, NEW DELHI - TMI - Notification No. 6/2006-CE dated 1.3.2006 - benefit of exemption - supply of instrumental cables to Mega Thermal Power plant being set up by M/s NTPC and M/s Jindal Power Ltd. - Demand - Held that:- an identical dispute was the subject matter of recent decision of the Tribunal in the case of M/s Paramount Communication Ltd. vs. CCE, Jaipur [2016 (7) TMI 863 - CESTAT NEW DELHI] wherein it was held that appellants are eligible for exemption under Notif .....

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lling under Chapter heading 85.44 of the Central Excise Tariff. They supplied instrumental cables to Mega Thermal Power plant being set up by M/s NTPC and M/s Jindal Power Ltd. and claimed the benefit of exemption Notification No. 6/2006-CE dated 1.3.2006. The benefit claimed was disallowed by the original adjudicating authority vide its order dated 13.05.2008/ 22.05.2008 which has been challenged before us. 2. Demand of duty of ₹ 1,92,39,496/- stands confirmed against the appellant on the .....

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t of Project Import Regulation, 1986. 3. After hearing both sides, we find that an identical dispute was the subject matter of recent decision of the Tribunal in the case of M/s Paramount Communication Ltd. vs. CCE, Jaipur vide final Order No. 52166 52167/2016 dated 23.06.2016, the benefit was extended by observing as under: 9. We find that goods in question are classifiable under Chapter 85 of the Tariff. Under Central Excise Tariff there is no heading 98.01 which exists in Customs Tariff only. .....

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