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1998 (5) TMI 92

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..... r per : Jyoti Balasundaram, Member (J)]. These two appeals involve the issue of classification of preparations containing snuff of tobacco in any proportion. The period of dispute in Appeal No. E/4669/91-D is 1-12-1989 to 6-2-1990, while the period covered in the second case is from August, 1990 to December, 1990. 2. The respondents are manufacturer of snuff of Tobacco. They filed refund c .....

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..... ssification of this type of product i.e. `snuff of Tobacco has been decided by the Tribunal by the majority view in the case of M/s. Lachman Dass Behari Lal v. The Collector of Central Excise, New Delhi (Final Order Nos. E/103-104/94-D, dated 18-2-1994. In this case the Tribunal by a majority view held that the Snuff and Tobacco manufactured by the appellants in that case was classifiable under s .....

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..... e remanded, that they have not passed on the incidence of duty on the product to their customers. The Assistant Commissioner shall pass fresh orders after satisfying himself on the aspect of unjust enrichment and before passing fresh orders he shall extend reasonable opportunity to the respondents of being heard, submitting evidence in support of their contention. The appeals are disposed of in .....

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