2011 (5) TMI 45

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....dhwa:   The present application has been filed for modification of Stay Order No.S/129/WZB/AHD/2011, dt.1.3.11, vide which the appellant was directed to deposit entire duty of Rs.17,22,720/- (Rupees Seventeen Lakhs, Twenty Two Thousands, Seven Hundreds and Twenty Only), after observing that the dispute in respect of classification stand decided against the appellant by Tribunal s Order No.....

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....elevant during the period, i.e. Notification No.13/2002-CE(NT) dt.1.3.02 was subsequently amended vide Notification No.2/2006-CE, dt.1.3.06. By drawing our attention to the relevant entries in the said notification, he submit that in terms of earlier Sr.No.36 of Notification No.13/2002-CE, all goods falling under Headings 3401.20 and 3402.90 were exempted under MRP based valuation. In the subseque....

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.... period involved in the present appeal is from February 2003 to July 2004 and May 2006 to February 2007. As such, he submits that the earlier Tribunal s order would cover the period February 2003 to July 2004, covering the duty to the extent of Rs.2,91,948/-(Rupees Two Lakhs, Ninety One Thousands, Nine Hundeds and Forty Eight Only), which stand deposited by them. For the period from May 2006 to Fe....

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....he submits that the appellant s product being Organic Surface Active Product, the same would be covered by the description appearing at Sr.No.40 of the notification.   4. After considering the submissions made by both sides, we, prima facie, agree with the ld.Advocate that in the subsequent Notification No.2/2006(NT), dt.1.3.06, the Organic surface active products and preparations for use ....