THERMAX LTD. Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) THE appeal arises from Order -in -Appeal No. PI/RKS/237/2010, dated 18 -11 -2010 passed by the Commissioner of Central Excise (Appeals), Pune -I Commissionerate. Vide the impugned order, the ld. lower appellate authority has upheld the confirmation of Excise duty demand of Rs. 5,30,86,840/ - by classifying the Modified Vapour Absorption Chillers (MVAC in short) manufactured by the appellant, M/s. Thermax Limited, Pune, under CETH 8418.10 and finalizing the provisional assessment of the goods during the period from June, 1991 to March, 1999 under Rule 9B of the Central Excise Rules, 1944, by the Deputy Commissioner of Central Excise under Order -in -Original dated 31 -12 -2009. Aggrieved of the same, the appellant is before us. Brief facts relating to the case are as follows: - -

(2.) THE contentions of the ld. Counsel for the appellant can be summarized as follows: - -

(3.) WE have carefully considered the submissions made by both the sides. Our findings and conclusions are detailed in the ensuing paragraphs.