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CCE, Jaipur-I Versus M/s. Herbicides (India) Ltd.

2016 (8) TMI 889 - CESTAT NEW DELHI

Classification - whether the appellants’ final product is required to be classified as Plant Growth Regulator falling under Tariff Sub-heading 3808.10, as contended by the Revenue or the same is required to be classified as Bio-fertilizer falling und .....

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n challenged by the Revenue and stands accepted. In such a scenario no infirmity can be found in the present order of the Commissioner (Appeals) wherein he has simplicitor followed the earlier order on the classification. - Decided against the Revenu .....

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ndent. ORDER The issue involved in the present appeal of the Revenue is as to whether the appellants final product is required to be classified as Plant Growth Regulator falling under Tariff Sub-heading 3808.10, as contended by the Revenue or the sam .....

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that the issue already stands covered by the earlier Order-in-Appeal No. 163 (MPM) CE/JPR-I/05 dated 30/05/2005 in the same asseesses case where a detailed order on the classification was passed. Accordingly, he allowed the present appeal of the asse .....

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rt from National Bio-fertilizer Development Centre, Ghaziabad. By considering both the reports as also the other facts, a detailed order was passed by Commissioner (Appeals), which has been followed by the Appellate Authority in the present case. It .....

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accepted by the Revenue. Otherwise also, Ld. Advocate for the respondent brings to our notice various decisions of the Tribunal as confirmed by the higher courts, which are classifying the products as bio-fertilizers instead of Plant Growth Regulator .....

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