9911796707
TMI Blog1998 (9) TMI 322X X X X Extracts X X X X X X X X Extracts X X X X ..... or has filed the captioned appeal being aggrieved by the order passed by the Collector (Appeals). The Collector (Appeals) in the impugned order had held that there is considerable substance in the respondent s argument that the quantum of percentage of synthetic solvent has been arrived at arbitrarily without any basis. There is no technical opinion of Chemical Examiner s report for arriving at su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... based on synthetic polymers or chemically modified natural polymers or natural resins, even if they are not dispersed or dissolved in a non-aqueous medium/solution; that the Collector (Appeals) has also not noted that only when they are dissolved in solution, the question of determination of the weight of the solvent and solution arises as per Note 3 of Chapter Note 32; that Note 3 of the Chapter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods are not covered by Note 3 to Section VI of the Central Excise Tariff as the hardner in this case is applied not after mixing with the paint, but after the paint is mixed with a thinner and applied to the surface and that this forms an outer coating and it has been therefore submitted that though presented together it goes out of the definition in Note 3. They have therefore prayed that the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the solvent exceeds 50% of the weight of the solution. We find that the Department has stated that the product manufactured by the respondents consists of 60% to 70% synthetic solvent while admitting that the product contains two distinct components namely, polyurethene, polyacrylic resin, pigment in the solvent and the hardner and both supplied separately in different containers but in one packa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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