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2009 (8) TMI 876

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..... [Order per : Archana Wadhwa, Member (J)]. - The prayer in the application is to dispense with the condition of pre-deposit of duty amount of Rs. 1,47,68,978/- confirmed against the appellant along with imposition of penalty of equal amount under Section 11AC. The said duty has been confirmed against the appellant on the ground that the assessee s final product obtained by crushing marble and clear .....

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..... sulting in classification under Chapter 38. On the other hand, it is the appellant s contention that the crushed marble powder is nothing but the Calcium Carbonate only and addition of the same product during the course of manufacture would not amount to addition of a different product. 4. We have considered the submissions made by both sides. The fact which has made us to allow stay petition .....

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