2013 (8) TMI 886

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....Appellant. Shri P.N. Sarvaiya, Asstt. Commissioner (AR), for the Respondent. ORDER This Stay Petition is filed for waiver of pre-deposit of an amount of ₹ 15 lakhs imposed on the appellant as penalty under Section 114 of Customs Act, 1962. 2. Ld. Counsel appearing on behalf of the appellant submits that the appellant had exported Potassium Chloride 95% vide shipping bill dated 1-5-2....

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....t the appellant has been classifying the product under Chapter 28 as Potassium Chloride while the Revenue is of the view that it would get classified under Chapter 31 as fertilizer. We find that when the goods were exported by the appellant, Schedule 2 of Export Policy at Sr. No. 132, talks about the export of 'Potassium Chloride' (Muriate of Potash) (All grade) as freely exportable commodities. ....