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2015 (10) TMI 838 - CESTAT BANGALORE

2015 (10) TMI 838 - CESTAT BANGALORE - 2015 (326) E.L.T. 711 (Tri. - Bang.) - Power not to recover the dues - Benefit of 11C - Notification No.32/2005-CE (NT) dated 22.8.2005 - Classification under 4823.90 or under 4801.00 - held that:- A part of the Commissioner's order holding the classification under heading 4823.90 was also put to challenge by the respondent, before the Tribunal and vide its Final Order No.1069/2006 dated 18.5.2006, the classification of Newsprint in reel form was held to be .....

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the assessee and as such, we find no merits in the Revenue's stand - Decided against Revenue. - E/1052/2006-DB - Final Order No. 21824 / 2015 - Dated:- 2-9-2015 - SMT. ARCHANA WADHWA, JUDICIAL MEMBER And SHRI ASHOK KUMAR ARYA, TECHNICAL MEMBER For the Appellant : Mr. Anil Nigam, Addl. Commissioner (AR) For the Respondent : Mr. C. Saravanan & S. Thenmozhi, Advocates ORDER: Per : ARCHANA WADHWA Being aggrieved with a part of the impugned order of the Commissioner, Revenue has preferred the pr .....

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ned order vide which Commissioner has extended the benefit of Section 11C of the Notification to the respondent on the ground that the newsprint in reels must be falling under 48.01 of the First Schedule to the Central Excise Tariff Act, 1985 in terms of the said Notification so as to extend the benefit to them. Inasmuch as the Commissioner has classified the goods under heading 4823.90, benefit of Notification stands wrongly extended to the respondents by the Commissioner. 4. It stands brought .....

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