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    <title>2004 (6) TMI 169 - CESTAT, NEW DELHI</title>
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    <description>A fresh demand for the same period was barred because earlier adjudication on identical facts had attained finality and could not be reopened by a subsequent notice. Metal containers used to pack partly skimmed milk powder did not qualify for exemption under Notification No. 181/88-C.E., because the notification covered only specified goods and the product packed was not one of them. Duty on the containers was recoverable under Rule 196 of the Central Excise Rules, 1944, and the general limitation in Section 11A(1) of the Central Excise Act did not apply to that special recovery provision; the penalty was reduced as excessive.</description>
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      <link>https://www.taxtmi.com/caselaws?id=53222</link>
      <description>A fresh demand for the same period was barred because earlier adjudication on identical facts had attained finality and could not be reopened by a subsequent notice. Metal containers used to pack partly skimmed milk powder did not qualify for exemption under Notification No. 181/88-C.E., because the notification covered only specified goods and the product packed was not one of them. Duty on the containers was recoverable under Rule 196 of the Central Excise Rules, 1944, and the general limitation in Section 11A(1) of the Central Excise Act did not apply to that special recovery provision; the penalty was reduced as excessive.</description>
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