2007 (3) TMI 445

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....S.L. Peeran, Shri T.K. Jayaraman, JJ. REPRESENTED BY : S/Shri B.V. Kumar, M.S. Nagaraja, Rajesh Chander Kumar and M.S. Srinivasa, Advocates, for the Appellant. Shri K. Sambi Reddy, JDR, for the Respondent. [Order per : S.L. Peeran, Member (J)]. -  By all these Miscellaneous Applications, the appellants have prayed for modification of the Stay Order Nos. 945-974/06 dated 19-9-06; 1....

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....manufactured with the aid of machines and without the aid of machines are classified under two separate tariff items of the Central Excise Tariff i.e. 2403 10 39 and 2403 10 31 respectively. 2. In this regard, a doubt has arisen as to whether the handmade biris packed with the wrappers/labels which are manufactured with the aid of machines by the job workers are to be classified under Tari....

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.... without the aid of machines under Tariff Item No. 2403 10 31, even if the labels/wrappers are manufactured with the aid of machines by the job workers. 5. The above clarification in respect of biris may be brought to the knowledge of trade and field formations suitably. 6. Pending issues may be finalized accordingly." The learned Counsels appeared for the appellants submit that....

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....thority. Therefore the stay order should be modified and the appellants should be given full waiver of pre-deposit of the amounts in the matter. The learned Advocates are also relying on the ruling rendered by the Apex Court in the case of Collector of Central Excise, Vadodara v. Dhiren Chemical Industries, 2002 (139) E.L.T. 3 (S.C.) wherein it has been held that the Circular issued by the Board i....