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1987 (4) TMI 299

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..... r per : D.C. Mandal, Member (T)]. - Learned Advocate has argued that the appellants in this case manufactured synthetic resin for captive consumption as well as Synthetic resin on behalf of M/s. Assam Veneer Co., out of the raw materials supplied by the latter. The goods were assessed provisionally because of dispute in classification and the assessment has not yet been finalised. The appellan .....

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..... y, the classification of the goods and the assessment have not yet been finalised. Penalty of Rs. 25,000/- has been imposed on the appellants under Rule 173-Q of the Central Excise Rules, 1944. For imposing penalty under this Rule, it is necessary that the goods should be excisable. As the assessment has not yet been finalised, the question of excisability of the goods is to be treated as still op .....

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