Collector of Central Excise, Jaipur v. M/S. Hindustan Zinc LTD., Sinc Smelter, Debari Distt. Udaipur, Rajasthan
c S. N. V ARIA VA, J. The question which arises in these two Appeals
is whether the Respondents are entitled to the benefit of Notification No.
217/86-CE dated 2nd April, 1986. The Tribunal has, in the impugned Orders
without giving any ascertainable reasons, held that the lead input sheet would
be eligible to the benefit of the Notification, but the headers would not be
eligible to the benefit of the Notification.
Notification No. 217 /86-CE of 1986 only exempts inputs. It also clarifies
that machine, machinery, plant equipment, apparatus, tools or appliances .#
used for manufacturing and processing of any goods or bringing about any
change in any substance or in relation to a final product shall be excluded l
E from the term "inputs". What is questioned before us is the finding of the
Tribunal that the lead anode sheets are eligible to the benefit of the Notification.
It was fairly admitted that sheets would be an input and that if it is
clarified that the Noti~cation only applies to sheets and not to the fin~!
product manufactured after headers are fixed to the sheets, the Deptt. will be
F satisfied. To this there is no objection.
·+
In our view it is clear that headers whether attached to lead or aluminium
sheets are not inputs. As they are not inp!JtS the benefit of the Notification
would not be available to headers. However, the sheets are inputs and they
would be entitled to the benefit of the Notification.
G These Appeals stand disposed of accordingly. There will be no order
as to costs.
S.K.S. Appeals disposed of. "'"
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