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TMI Blog2009 (8) TMI 604X X X X Extracts X X X X X X X X Extracts X X X X ..... oduct manufactured by the appellants like steel tubes for telephone and telegraph poles which are known as Hamilton Tubes were sought to be wrongly ordered to be classified by the Department under sub-heading 7308.90 in spite of the fact that the Tribunal has disallowed such classification and has held that product is classifiable under sub-heading 7306.90 and even the Supreme Court has refused to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ms. - E/2937-2940/2004-EX - 894-897/2009-EX(PB), - Dated:- 18-8-2009 - Justice R.M.S. Khandeparkar, President and Shri B.S.V. Murthy, Member (T) Shri A.K. Tyagi, for the Appellant. Shri Surender Shah, DR, for the Respondent. [Order per: Justice R.M.S Khandeparkar, President (Oral)].- Since a common question of law and fact arise in all these appeals, they were heard together and a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd has held that product is classifiable under sub-heading 7306.90 and even the Supreme Court has refused to interfere in the said order when the Department had to challenge the order passed by the Tribunal. 5. At this stage, it is necessary to record that the Tribunal was compelled to ask the Representative of the appellants to go and leave the Court Hall while dictating the order as there wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reported in 2001 (133) E.L.T. 762 (Tribunal) = 2000 (37) RLT 763 held that the product is classifiable under sub-heading 7308.90. However, the Tribunal's order in Appeals Nos. E/2563 and 2609/98 does not appear to have taken note of the decision in Quality Steel Products Pvt. Ltd., further the fact that the same was not interfered with by the Apex Court. Since the Apex Court did not interfe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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