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TMI Blog1990 (7) TMI 209X X X X Extracts X X X X X X X X Extracts X X X X ..... asundaram, Member (J)]. The respondents herein imported a consignment of Gredag ML-12 Glass Mould Lubricant and Cildag Colloidal Graphite in oil. On test the goods were found to be in the form of black coloured viscous liquid composed of graphite and mineral oil, the mineral oil component exceeding 70% by weight. The goods were assessed under Heading 2710.00 of the Customs Tariff read with No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Department. 2. We have heard Shri M. Jayaraman, the learned DR and Shri R.K. Habbu, learned advocate. 3. Let us take a look at the relevant Central Excise Tariff Entries. Heading 2710.99 reads as - 27.10 Petroleum oils and oils obtained from bituminous materials, other than crude; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant. Admittedly the imports have been assessed as Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations , under Heading 2710 of the Customs Tariff and this classi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n serial No. VII of Notification 115/86-Cus. The certificate dated 4th August 1987 issued by the Indian Oil Corporation clarifies that Cildag and Gredag ML-12 are lubricating oils. Therefore the imports are correctly classifiable under Heading 2710.60 of the CET and chargeable to countervailing duty at the rate of Rs. 3675/- per metric tonne and exempt from payment of auxiliary duty under Notifica ..... X X X X Extracts X X X X X X X X Extracts X X X X
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