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    <title>2025 (11) TMI 938 - CESTAT ALLAHABAD</title>
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    <description>Tariff classification of goods cleared as paper biri depended on their actual nature, manufacturing process, packing and common trade understanding. The evidence did not establish manufacture with power-operated machinery, and manually operated wooden jigs alone were insufficient to prove cigarettes. Similarity in packing and size did not displace the assessee&#039;s declaration and marking of the goods as bidi/paper biri, and the Revenue failed to show through market enquiry that they were known and sold as cigarettes. A definition from COPTA, 2003 could not be mechanically imported into Central Excise Tariff classification. The goods were therefore classifiable as paper biri under sub-heading 24031929, not cigarettes under sub-heading 24022040, and the demand, interest and penalty were unsustainable.</description>
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    <pubDate>Thu, 13 Nov 2025 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=781470</link>
      <description>Tariff classification of goods cleared as paper biri depended on their actual nature, manufacturing process, packing and common trade understanding. The evidence did not establish manufacture with power-operated machinery, and manually operated wooden jigs alone were insufficient to prove cigarettes. Similarity in packing and size did not displace the assessee&#039;s declaration and marking of the goods as bidi/paper biri, and the Revenue failed to show through market enquiry that they were known and sold as cigarettes. A definition from COPTA, 2003 could not be mechanically imported into Central Excise Tariff classification. The goods were therefore classifiable as paper biri under sub-heading 24031929, not cigarettes under sub-heading 24022040, and the demand, interest and penalty were unsustainable.</description>
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