TMI Blog2009 (11) TMI 418X X X X Extracts X X X X X X X X Extracts X X X X ..... lassified it under Heading 23.02. The Department found that the adjudicating authority had traveled beyond the scope of the show-cause notices and hence the orders of that authority were reviewed. Held that- in the light of the decision of Ventri Biologicals v. CCE, Pune, assessee appeal allowed. - E/256/2009 - A/329/2009-WZB/C-I/EB - Dated:- 23-11-2009 - S/Shri P.G. Chacko, Member (J) and B. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he relevant part of the Order of Review passed by the Commissioner reads as under :- "The dispute of classification of 'Vaccine with Diluents' has already been settled by the CESTAT in the case of Ventri Biologicals v. CCE, Pune as reported in 2000 (115) E.L.T. 464 (Tribunal) by holding that the said product merit classification under 30.02. Department had preferred appeal to Supreme Court agai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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