TMI Blog2005 (12) TMI 97X X X X Extracts X X X X X X X X Extracts X X X X ..... ould not be recovered on the ground that the classification list had already been approved by the department - Pending the appeal, the law has been amended allowing the reopening of the approved classification list. The said amendment was brought out by Act 10 of 2000 with retrospective effect from 17-11-1980. The said amendment was challenged and ultimately this Court in ITW Signode India Limited ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the product under Heading 3926.90 which was approved on 30th April, 1990. On the basis of Audit Report dated 20th September, 1990, a show cause notice under Section 11A of the Central Excise Act, 1944, hereinafter referred to as 'the Act', was issued calling upon the assessee to explain as to why the product in question should not be classified under Heading 7616.90 of the Central Excise Tariff Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Collector (Appeals), the assessee filed an appeal before the Customs, Excise and Gold (Control) Appellate Tribunal, hereinafter referred to as 'the Tribunal'. The Tribunal in its order held on merits that - "we agree with this finding of the Collector (Appeals) and hold that the essential character to the impugned product is provided by the aluminium tube around which yarn is wrapped. Accordin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... brought out by Act 10 of 2000 with retrospective effect from 17-11-1980. The said amendment was challenged and ultimately this Court in ITW Signode India Limited v. Collector of Central Excise reported in (2004) 3 SCC 48 upheld the validity of the Amending Act with retrospective effect stating therein that the law laid down in Cotspun Limited case (supra) does not exist after the amendment and co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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