TMI Blog1994 (6) TMI 67X X X X Extracts X X X X X X X X Extracts X X X X ..... )]. Briefly stated, the facts are as follows :- 1.1 In three separate classification lists of different dates, the appellants herein declared among other goods the description of one type of goods as follows (as reproduced in the impugned order) and claimed classification of the said goods under Tariff Item 33B(ii) of the erstwhile Central Excise Tariff :- 1/1.8 mm (2.55 mm2) Nicco Roun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctional area of 2.55 mm2" which is more than 2.5 square milimetres as provided for in Item 33B(i) of the CET". 1.4 Yet, despite the aforesaid finding of fact, the lower appellate authority has classified the goods under Tariff Item 33B(i) confirmed the order-in-original and rejected the appeal of the appellant herein. Hence this appeal before the Tribunal. 2.1 Learned advocate, Shri N. Mook ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... place, the area of the particular cable has necessarily to be calculated and corrected upto the first decimal place in accordance with accepted arithmetical norms of correction of decimal places, lest there be an arithmetical fallacy in the method of correction. It is further stated that there is nothing unjust or erroneous in this method. 4. There is no place for applying any arithmetical norms ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was also in an embarassing situation to defend the impugned order in view of the finding of fact reached by the lower appellate authority. The Bench could understand the indefensible position of the Revenue. 3.1 We are shockingly surprised at the final order of the lower appellate authority rejecting the appeal of the appellants herein despite its finding of fact that the wires and cables of al ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
