2008 (7) TMI 681

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ppellant. Shri N.A. Sayyed, JDR, for the Respondent. [Order per : M.V. Ravindran, Member (J)]. - These two appeals are directed against Orders-in-Appeal No. P-I/83/2003 dated 11-3-2003 and P-I/80/2005, dated 2-2-2005. 2. None appeared on behalf of the appellant despite notice. It is seen that the appellant vide letter dated 22-7-2008 has conveyed that the appeal may be disposed of....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....eport for items at Sl. No 13 & 14 viz. Noigen Wax V-7 and Neterlubc TC 06 BX clearly states that they are textile treatment materials. The adjudicating authority while holding the product classifiable under 34.03, held that as it was preparation used for textile was not eligible for exemption for lubricating preparations under Notification 12/94 as amended. I find that benefit of Notification 12/9....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....apter heading 3403. Whether the products in question are lubricating preparation or not, was being disputed, hence the sample sent to Dy. Chief Chemist in the year 1995, the analysis report of the said sample indicated that this product in question cannot be used as lubricating preparations for yarn. Re-analysis of the sample in the year 1997, indicated that the products in question cannot be used....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ble for notification 136/86. As we have noted this subject, affidavits filed by experts in the field had found that the goods imported are view of the Collector finds support in the report of the chemical examiner dated 17-5-88, extracted above. Once it is found that these are lubricating preparations, the questions whether they are preparations of a kind used for the oil or grease treatment of te....