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Issues:
Classification of printed coated paper board, duty liability on coated paper board cleared for printing, valuation of duty, Modvat claim, time limitation for demands. Classification of Printed Coated Paper Board: The appeal involved a dispute regarding the classification of printed coated paper board. The department alleged that the coated paper board had not discharged duty and was cleared for manufacturing printed coated paper boards, which were classified differently than declared by the appellants. The appellant argued that the process of printing did not amount to a process of manufacture and should be classified under a different tariff heading. The Tribunal examined various judgments and held that the process of printing on the coated paper board did not amount to a process of manufacture. They upheld the appellant's contention that the printed paper board would fall under a specific tariff heading. Duty Liability on Coated Paper Board Cleared for Printing: The appellant contended that duty liability should only be on the coated paper board cleared for printing, and the valuation should be reworked. The Tribunal agreed with the appellant's argument that the norms for import under a DEEC license cannot be applied for excise duty purposes. They remanded the matter for reevaluation of the duty liability on the clearances of coated paper without payment of duty, giving the appellant an opportunity to present their case. Valuation of Duty and Modvat Claim: The Tribunal upheld the appellant's claim for Modvat if the printed coated paper board is considered as goods. They also agreed that the demands were barred by time as all necessary information had been provided and the classification list had been approved. However, they emphasized that the process of printing on the coated paper board did not amount to manufacture, and if considered goods, it should be classified under a specific tariff heading. Time Limitation for Demands: The Tribunal found that the demands were not barred by time, as the classification list had been filed and approved. They allowed the appeal by remanding the matter to the original authority for the computation of duty on the clearance of coated paper for printing without payment of duty. In conclusion, the Tribunal ruled in favor of the appellant on the classification and process of printing issues, remanding the matter for reevaluation of duty liability and upholding the Modvat claim. They also addressed the time limitation for demands, allowing the appeal for further computation of duty.
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