2004 (11) TMI 379

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....nt. Shri P.N. Kaul, Advocate, for the Respondent. [Order per : P.S. Bajaj, Member (J)]. -  In this appeal, the Revenue has questioned the validity of the impugned order-in-appeal vide which the Commissioner (Appeals) has set aside the duty and penalty against the respondents which was initially confirmed by the adjudicating authority through order-in-original. 2. The responde....

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....stion were received by the respondents under Rule 173H, after following the due procedure. The plea taken up by the Revenue is that the reprocessing undertaken on these goods amounted to manufacture in terms of Chapter Note 3 to Chapter 32 of the CETA and as such, they are liable to pay duty again. But in our view, the Commissioner (Appeals) has not rightly accepted this plea. There is no tangible....