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1998 (3) TMI 412

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..... Ms. Reshma Lakhani, JDR, for the Respondent. [Order per : Gowri Shankar, Member (T)]. - Appeal taken up for hearing after waiving deposits. 2. The question for decision before the Commissioner was whether sugar syrup which the appellant manufactured for use in the manufacture of aerated waters is liable to duty. The appellant had contended before the Commissioner that the syrup ....

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....at solutions of sugar are prone to growth of micro organisms in concentrations of less than 65%. Four orders of Collectors and Collector (Appeals) holding that syrup was not marketable were also enclosed. 4. The Commissioner has not considered any of these. On the other hand he has relied upon a report dated 16-12-1996, not communicated to the appellant. He has not attempted to rebut the e....