2008 (1) TMI 732

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....ppellant. Shri Amalendu Chakraborty, Consultant, for the Respondent. [Order per : Chittaranjan Satapathy, Member (T)]. - Heard both sides. The impugned order has been passed by the lower appellate authority confirming an amount of Rs. 35,954/- of duty and imposing an equal amount of penalty out of an amount of Rs. 3,93,594/- of duty and equal amount of penalty confirmed by the original au....

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....e chemical composition of the product clearly showing that that the basis of adhesives was chemically treated "natural gum" which amounted to 55 % to 58% of the composition. They had also declared that the impugned goods contained 4% to 5% of Tackifier Resin and Copolymer of Ethylene Vinyl Acetate amounting to 15% to 17.5% of the composition. 3. Subsequently, a sample was drawn on 3-1-1992....

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....sed on plastic required no change since the Department's chemical report did not indicate any percentage composition to justify a change in the classification. Moreover, in the absence of any suppression or mis-statement, there is no case for applying the extended period of limitation also. Accordingly, both on merits as well as on limitation, we hold that the respondents are not required to pay a....