LAWS(DLH)-2011-11-515

COMMISSIONER OF CENTRAL EXCISE Vs. AFCON INFRASTRUCTURE

Decided On November 14, 2011
COMMISSIONER OF CENTRAL EXCISE Appellant
V/S
Afcon Infrastructure Respondents

JUDGEMENT

(1.) This is an application for condonation of delay in filing of the appeal.

(2.) It is the contention of the appellants that the Tribunal failed to take notice that the dispute with respect to demand of duty on launching truss has not been settled through exemption Notification No. 1/2011-C.E. (N.T.), dated 17-2-2011 and the said Notification is confined to other items which are subject matter of the appeal.

(3.) In the order dated 4-3-2011 which is sought to be rectified/modified it was specifically recorded in para 3 that 'The appellants herein have contracted with M/s. Delhi Metro Rail Corporation Limited for design and construction of pre-fabricated components and different segments to be used in elevated viaducts or for manufacture of rings for the tunnel, launching girders and trusses in respect of a project of the said corporation at Delhi.'