1997 (1) TMI 336

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....h, JDR, for the Respondent. [Order]. -  Briefly stated, facts of the case are as follows : 1.1 By the impugned order a Modvat credit of Rs. 5,033/- has been disallowed by the lower authorities on the ground that copper and copper alloy wire has been given as an input falling under tariff sub-heading 7408.29 in the declaration filed under Rule 57G. That sub-heading according to t....

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.... 57G is only of `copper and copper alloy wire' with sub-heading No. 7408.29. They have now brought copper and copper alloy wire. There is no dispute about that. But since the cross-sectional diameter of the input brought by them is exceeding 6 mm, therefore, Tariff sub-heading is 7408.21. Ld. Consultant submits that there are any number of decisions that mention of wrong tariff sub-heading does no....

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..... Opposing the contention of the ld. JDR, Shri S.N. Ghosh submits that no doubt cross-sectional diameter of the copper and copper alloy wire has not been mentioned in the declaration as such, the tariff heading mentioned gives a fair idea of cross-sectional diameter inasmuch as Tariff sub-heading 7408.29 declared by the appellants clearly means that copper and copper alloy wire of less than 6....

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....al and it be dis- missed. 4. I have carefully considered the pleas advanced from both sides. I ob- serve that the description given is of `copper and copper alloy wire' without any description of the cross-sectional diameter. It could, therefore, mean that copper and copper alloy wire of cross-sectional diameter both exceeding 6 mm and less than 6 mm could be obtained by the appellants as ....