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    <title>2026 (6) TMI 394 - CESTAT NEW DELHI</title>
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    <description>Classification of the tobacco product as chewing tobacco rested on its consistent declaration under CETI 2403 99 10 and the department&#039;s repeated acceptance of that classification. A later contrary classification as zarda scented tobacco under CETI 2403 99 30 could not support a differential duty demand; the related interest and penalty under section 11AC consequently failed. Penalties under rule 26 of the Central Excise Rules required a finding that the goods were liable to confiscation. Without a proper finding on confiscability, those penalties were unsustainable. The adverse duty and penalty liabilities were removed.</description>
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