2005 (9) TMI 147

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....e-President]. - The application for waiver of pre-deposit of duty of Rs. 68,30,147/- and penalty of equal amount arises out of the order of the Commissioner of Customs, Nagpur. Differential duty demand of CVD has been confirmed as a result of holding that that calcium carbonate coated with stearic acid (with brand name "OMYWACARB 2T SA") imported by the applicants herein falls for classification u....

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....s that, since the department did not challenge the assessment and in fact took a conscious decision not to challenge the order passed on the Bill of Entry, as a result of the applicants' claim under CTH 2530.90 being accepted by Order-in-Appeal of November 2002, the differential duty demands for the normal period of limitation (the Tribunal in February, 2005 has ultimately held that the goods will....