TMI Blog2007 (8) TMI 350X X X X Extracts X X X X X X X X Extracts X X X X ..... depend on the water level required to be maintained in the harbour. There is no evidence to show that these blocks could be used in any other harbour. This is where we have stated that each unit is meant for a particular location. Lastly, in the present case there is no evidence coming from the side of the Department to show that the said Cement Concrete Armour Units are bought and sold in the mar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he water calm and tranquil is excisable under Central Excise Act. 3. Therefore, the principal question involved in this civil appeal relates to exigibility of Cement Concrete Armour Units. At the outset we may state each of these units weight is about 50 metric tones. They are like Tripods which also keep the water calm and tranquil. In order to constitute "goods" twin tests have to be satisfied ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re harbour or location specific. It would depend on the water level required to be maintained in the harbour. There is no evidence to show that these blocks could be used in any other harbour. This is where we have stated that each unit is meant for a particular location. Lastly, in the present case there is no evidence coming from the side of the Department to show that the said Cement Concrete A ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
