2020 (9) TMI 502

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....nt was earlier clearing this product classifying it under Central Excise Tariff heading 1511 9090 and claiming the benefit of exemption notification No.03/2006- CE dt.01.03.2006 (S.No.9) (as amended). The appellant had filed the ER-1 returns accordingly. CBEC had also issued Circular No.81/2002-CUS dt.03.12.2002 regarding classification of the product. It was clarified that fractions of palm oil having the presence of triglycerides of fatty acids would merit classification under Chapter 15 and products which are free from fatty acids would be classifiable under Chapter 38. As the appellant's product did not contain triglycerides they classified their product under CTH 1511. Thereafter w.e.f. 28.02.2005 a specific entry has been made for Pal....

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....vered the period of September, 2008 to March, 2012, the annexure to the show cause notice would show that clearance were only up to September, 2010 and not beyond. Therefore, the entire demand has been raised in the show cause notice invoking extended period of limitation. Interest was also demanded and an equivalent amount of penalty has been imposed under section 11AC. Penalty was also imposed under Rule 25 of Central Excise Rules, 2002. 5. After hearing both sides and perusing the records, we find that on merits, the issue has been settled by the Hon'ble Apex Court in October, 2010 and it has been held that Palm Stearin is classifiable under Central Excise Tariff Heading 3823 and not under CTH 1511. Thus, it has been decided against ass....