2008 (9) TMI 632

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....ppellant. Ms. M.I.J. Micheal, Jt. CDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. -  The appellants are engaged in the manufacture of P & P medicines falling under erstwhile tariff item 14E. One of the items required for use in the said medicines was Gelatine which was being purchased by them from the open market and was dutiable under erstwhile tariff item 68. In ....

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....d, which resulted in confirmation of demand of duty against them. 3. As such, the sole question required to be decided is as to whether Gelatine, during the relevant period was classifiable under tariff item 68, in which Case the benefit of Notification No. 201/79-C.E. would become available to the assessee or the same is required to be held as properly classifiable under tariff item 15A(1....

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....it that the above order is not correct inasmuch as various trade notices issued by the Ministry were to the effect that the effect of budgetary changes in the tariff description of item No. 15A(1) is that the same is aligned with the heading No. 39.01 of the Customs Tariff. He further submitted that heading 39 covers other high polymers. However, Gelatine was specifically covered by chapter 35 of ....

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....res us to follow the same unless a strong reason is felt to deviate from the ratio of the law as declared therein. On going through the said judgment, we do not find any reasons to take a opinion different than the one arrived at in the above judgment. The said judgment is a detailed judgment which stands passed after taking the entire relevant facts and circumstances. Inasmuch as it stand conclud....