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2011 (7) TMI 933 - AT - CustomsWrit petition - Classification - On perusal of the order dated 2nd March 2011, of the Apex Court in Writ Petition (Crl.) No. 49 of 2011, filed by the appellant against the same impugned order-in-appeal, it is seen that while dismissing the said writ petitions, Apex Court relied upon their own decision in the case of Shree Baidyanath Ayurved Bhawan Ltd. case (2009 -TMI - 33000 - SUPREME COURT ), which was relied upon by the First appellate authority in the impugned order - Appeal is dismissed
Issues: Classification of goods under Customs Tariff headings, Appeal against Order-in-Appeal rejection, Apex Court's decision impact on classification
In this judgment by the Appellate Tribunal CESTAT, Mumbai, the issue involved was the classification of goods under Customs Tariff headings. The appellant had claimed the goods as a Tobacco product under heading No. 2403, while the assessing authority classified them as 'Tooth Powder' under heading No. 3306. The appeal was filed against the rejection of classification and consequent classification under heading 3306. The first appellate authority dismissed the appeal, relying on the common parlance and trade usage of the product as 'Tooth Powder', in line with the apex Court's decision in a similar case. The Tribunal agreed with the lower authorities' view and upheld the classification done by the department. The appellant had also filed a writ petition in the Supreme Court challenging the same impugned order-in-appeal. However, the Supreme Court, while dismissing the writ petition, relied on its own decision in a related case, which was also cited by the first appellate authority in the impugned order. The Tribunal, bound by the Supreme Court's decision in the writ petition, concluded that nothing remained to be decided in the appeal. Consequently, the appeal filed by the appellant was dismissed. The judgment highlights the importance of consistency in classification decisions based on trade usage and legal precedents, emphasizing the significance of apex Court decisions in similar matters.
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