2007 (10) TMI 309

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....d an appeal before the Commissioner of Customs (Appeals) in respect of a product described as Lutavit. The Commissioner (Appeals) by an interim order was pleased to direct deposit of 50% of differential duty demanded. That was the subject matter a petition preferred before this Court. Notice was issued to the respondents. During the pendency of this petition, Commissioner (Appeals) by his order da....

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....itigation. 3. In the instant case, the very product in issue was the subject matter of a Writ Petition filed before this Court, being Writ Petition No. 630 of 1995. One Mr. R.D. More, Assistant Commissioner had filed an affidavit before this Court on 13-10-2003, wherein it was set out as under : "I say and submit that in the present-petition essentially only one issue is involved i.e. classi....

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....y order dated 15-5-2006, as in the meantime the Supreme Court has also pronounced judgments in some other matters. The learned Authority below on some material, first referred to Albac Feed Supplement and its constituents as set out in para 10 and thereafter proceeded to hold that it would fall under classification CTH 29.36. The contention of the petitioner is that the product which was the su....