LAWS(DLH)-2015-9-113

FLEVEL INTERNATIONAL Vs. COMMISSIONER OF CENTRAL EXCISE

Decided On September 17, 2015
Flevel International Appellant
V/S
COMMISSIONER OF CENTRAL EXCISE Respondents

JUDGEMENT

(1.) This appeal under Section 35G of the Central Excise Act, 1944 ('CE Act') is directed against an order dated 22nd November, 2012 passed by the Customs Excise Service Tax Appellate Tribunal ("CESTAT") by the majority of 2:1.

(2.) By the order dated 22nd July, 2014 while admitting this appeal, the following substantial question of law was framed by this Court:

(3.) The Appellant, a proprietory concern of which Mrs. Neera Khanna is the sole Proprietrix, was engaged in the manufacturing of air-conditioners. The Appellant is also stated to be engaged in the trading of compressors, water coolers, transformers etc. It was a small scale unit and registered as such with the Central Excise Department. It was exempted from payment of excise duty on that basis.