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    <title>2018 (11) TMI 523 - CESTAT ALLAHABAD</title>
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    <description>Aseptic packaging paper should be classified in accordance with the applicable tariff clarification, which states that paper covered with plastic falls under Tariff Item Nos. 48115100 or 48115900 rather than Tariff Item No. 481190. A notice based on the premise that plastic is invariably an essential constituent of aseptic packaging paper is inconsistent with that clarification and lacks a proper foundation. Reliance on the minority view in the earlier larger bench decision was also treated as misplaced. On that basis, the demand and penalty were unsustainable, and the impugned order was set aside in favour of the assessee.</description>
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      <description>Aseptic packaging paper should be classified in accordance with the applicable tariff clarification, which states that paper covered with plastic falls under Tariff Item Nos. 48115100 or 48115900 rather than Tariff Item No. 481190. A notice based on the premise that plastic is invariably an essential constituent of aseptic packaging paper is inconsistent with that clarification and lacks a proper foundation. Reliance on the minority view in the earlier larger bench decision was also treated as misplaced. On that basis, the demand and penalty were unsustainable, and the impugned order was set aside in favour of the assessee.</description>
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