TMI Blog1999 (12) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... d the learned counsel. We are of the view that a more detailed consideration of the case on either side is required and that there should be categoric findings of the Tribunal in this behalf. Since counsel on either side is agreed that this is the appropriate course to follow, we do not elaborate. 2.The civil appeal is allowed. The order under appeal is set aside. The appeal (No. E/4106/89-C) is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uct of M/s. Fine Automotive and Industrial Radiator Private Limited, appears to be incorrect and merits reclassification under chapter sub heading No. 8409.00 considering the function of the product as the Radiator assembly appears to be a part suitable for use solely or principally with engine, which attracts BED at 20% adv." On this basis, the appellants were asked to show cause why the differ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of a show cause notice. It is only when the correctness of the approval is challenged that an approved classification list ceases to be such." For the reason stated in para 13 above, the demands in the two subsequent show cause notices on the same basis, but for the subsequent periods of time, cannot be quashed. 6.This raises the issue of the correctness of the new classification. The classifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter argument and the argument that an internal combustion engine can function without a cooling device. It cannot do so. If, then, the cooking device is water based, being the radiator, that cooling device must be held to constitute a part of such engine. 8.In the result, except in relation to the demand made in the show cause notice dated 16th July, 1992, which stands quashed, the civil appeals ..... X X X X Extracts X X X X X X X X Extracts X X X X
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