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    <title>2008 (1) TMI 802 - CESTAT, NEW DELHI</title>
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    <description>For central excise exemption purposes, the Insecticides Act, 1968 definitions and schedule were treated as regulatory and not determinative of excise classification. The contention that the product was outside the insecticide category because it acted by suffocation rather than consumption was viewed as a technical merits issue for final hearing, not for stay. On that basis, no prima facie strong case for stay of recovery of the excise demand was made out, and the request for stay was rejected.</description>
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      <link>https://www.taxtmi.com/caselaws?id=125602</link>
      <description>For central excise exemption purposes, the Insecticides Act, 1968 definitions and schedule were treated as regulatory and not determinative of excise classification. The contention that the product was outside the insecticide category because it acted by suffocation rather than consumption was viewed as a technical merits issue for final hearing, not for stay. On that basis, no prima facie strong case for stay of recovery of the excise demand was made out, and the request for stay was rejected.</description>
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