excise on fabrication of boiler

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This query is : Resolved

agarwal ankur (Querist)

21 March 2008 HELLO

FACTS OF THE CASE-
A Public Ltd.co is putting up a plant to manfucaturing news paper & writing printing paper. COMPANY. has purchased a Boiler, the boiler supplier has raised bills for different components of the boiler. The co. on the advice of the boiler supplier has written a letter to the asst.Commissioner of Central Excise of his division informing him that an order has been placed for Disgn,engineering ,manufacture , supply erecation of boiler and aurcallaries at the above site
It is also informed to the Dept. that same manufacturing activity will be carried out by the Boiler Supplier at our Project site with regard to the Fabrication of the boiler componentsparts for installation of boiler . It was also informed to the Dept. that all Centeral excise formalaties and liability for the duty, if any shall rest out by boiler supplier.

The Dept. replied above letter by informing us that we shall be responsible to discharge total liability in regard to duty payable if any on on any Excisable Goods bieng manufactured in our prremises as the registration has been out by us of our premises.

subsuquently the errication of the boiler was done by the co. by its own engaged worker.

QUERY- wheather is there any Central Excise liability for Company in respect of the fabrication of the Boiler.

we would requested to provide ans with any case law / notification /circulars
on the subject.

Thanks