TMI Blog2007 (1) TMI 186X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Gold (Control) Appellate Tribunal, New Delhi (for short 'the Tribunal') in Final Order No. 96-97/2000-D in Appeal Nos. E/82/99 and E/926/99-D. Revenue is in appeal before us. 2. The issue involved in this appeal is "whether the product knitted fabric and cotton containing elastomaric yarn of width exceeding 30 cm. were, classifiable under Heading 6002.30 or under 6002.92". According to the revenue the same is classifiable under heading 6002.30 but the Tribunal by its order has decided the issue against the revenue and in favour of the assessee. Revenue involved in the instant case is Rs. 1.46 crores. 3. M/s. Jersy India Ltd., hereinafter referred to as the 'assessee', was enaged in the manufacturing of knitted fabrics of cotton and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s registered with the Central Excise Department under Rule 174 of the Central Excise Rules, 1944; (2) their fabric namely the knitted fabrics of cotton containing elastomeric yarn, of width exceeding 30 cm. should not be classified under Chapter Heading No. 6002.30 for charging appropriate rate of Central Excise Duty leviable thereon; (3) SSI benefit for the applicable period as stated above or grey/unprocessed fabrics of cotton containing elastomeric yarn of a width exceeding 30 cm. should not be denied for the contravention and reasons as stated above, and Central Excise duty should not be recovered/penalty levied amounting to Rs. 60,18,712/- and Rs. 12,68,206/-." 6. Extended period of limited under Section 11A of the Central Excise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . has brought to our notice that after obtaining permission from the High Court of Punjab Haryana, the assets/properties of the company were put to sale. The auction sale conducted by the official liquidator was confirmed by the High Court on 28-10-2003 in favour of M/s. Gulbash Hosiery Mills. 12. The official liquidator thereafter filed an application before the High Court seeking a direction from the High Court to pay dividend to workmen and secured creditors as per claim filed. The High Court by its order dated 24-3-2005 allowed the said application. In pursuance to the aforesaid order the official liquidator has disbursed the claims of the secured creditors. After disbursing the amount the official liquidator is now left with a bala ..... X X X X Extracts X X X X X X X X Extracts X X X X
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