2001 (7) TMI 395

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ngh, Advocate, for the Respondent. [Order per : C.N.B. Nair, Member (T)]. -  A duty demand of about Rs. 10 lakhs and penalty of Rs. 1 lakh remained confirmed against the appellant in terms of the impugned order dated 20-2-2001 of Commissioner of Central Excise (Appeals), New Delhi. The present Stay Application prays for waiving the requirements for the pre-deposit of these amounts for c....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....gravity die casting. He submitted that the Classification confirmed in the Order being contrary for the definition contained in the Tariff fixed, the duty demand has to be held as not supportable. He also submitted that even though the impugned orders have relied on the decision of the Tribunal in Shivaji Works case, the Classification adopted is contrary to that decision of the Tribunal, inasmuch....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

...., Bombay reported in 1997 (91) E.L.T. 261, the Tribunal is competent to determine the correct classification of the goods even if the same is different from the classifications canvassed by the Revenue and the assessee. Ld. DR, therefore, submitted that complete waiver of duty demand may not be allowed in the present case. He also pointed out that the assessee is a profit making concern. 4.&ems....