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2010 (2) TMI 662 - HC - Central ExciseClassification - Demand - assessee claimed this product as a medicament, whereas the department sought to classify the same as organic chemical - the bare perusal of the questions framed by the appellant would clearly indicate that the main grievance of the appellant is about the non-speaking and non-reasoned order passed by the Tribunal - Mere reliance on an earlier decision, that too, when it was decided ex parte, is also not sufficient to take any decision one way or the other - Without discussing anything else the tribunal in that case observed that the manner in which the products have been described, makes it difficult to believe that they are mixture of different constituents - It is open for the Tribunal to take appropriate decision in accordance with law and after considering the submissions that may be made by the parties before it - Appeal is allowed
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