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2015 (12) TMI 1150 - SUPREME COURT

2015 (12) TMI 1150 - SUPREME COURT - 2015 (326) E.L.T. 431 (SC) - Classification - whether the Virginiamycin imported under brand name STAFAC 1000 is classifiable under Customs Tariff Heading 2941.90 and Central Excise Tariff Heading 2941.90 or under Customs Tariff Heading 2309.90 and Central Excise Tariff Heading 2302.00 - Held that:- Insofar as the judgment in Tetragon Chemie Pvt. Ltd. is concerned, which was upheld by this Court, it pertains to two competent classifications, i.e., 29/36 as Vi .....

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tion to the facts of the present case. - Decided in favour of revenue. - Civil Appeal Nos. 5858-5859/2007 - Dated:- 16-10-2015 - MR. A.K. SIKRI And MR. ROHINTON FALI NARIMAN, JJ For the Petitioner : Mr. K. Radhakrishnan, Sr. Adv., Mr. Tara Chandra Sharma, Adv., Ms. Binu Tamta, Adv., Mr. Rajiv Singh, Adv. And Mr. B. Krishna Prasad, Adv. For the Respondent : Mrs. Shiraz Contractor Patodia, Adv. ORDER The question that falls for consideration is as to whether the Virginiamycin imported under brand .....

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foresaid judgment was upheld by this Court dismissing the appeal of the Revenue. The contention of the appellant/Department in challenging the aforesaid findings of the CESTAT is that the said judgment in Tetragon Chemie Pvt. Ltd. is not applicable in the instant case. On the other hand, it is pointed out by Mr. K. Radhakrishnan, learned senior counsel appearing for the Department, that the CESTAT has totally ignored the fact that they have placed the decision of this Court classifying these pro .....

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