2001 (3) TMI 586

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..... [Order per : V.K. Agrawal, Member (T)]. This is an application for stay filed by M/s. Newtech Stewing Telecom Ltd. 2. Shri S.N. Kantawala, learned Advocate, submitted that the appellants had imported outer layer E-126 for using the same in kit jointing equipments; that they classified it under sub-heading 8547.20 of the schedule to the Customs Tariff Act whereas the department classifi .....

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..... basic granules to the adjudicating authorities in consultation with the technical authorities. He also referred to the Bombay High Court judgment in the case of XL Telecom Pvt. Ltd. v. UOI - 1994 (70) E.L.T. 530 in which components for cable jointing kits were held to be classifiable under heading 85.47 and not under 39.26 of the Customs Tariff. 3. Opposite the prayer, Smt. Reena Arya, learned .....

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..... w of the fact that the material involved is in the primary form which is different from the goods made out of the same, we are of the view that the applicants have not made out a strong prima facie case in their favour warranting total waiver of pre-deposit. We therefore direct them to deposit Rs. 2,00,000/- within six weeks from the receipt of the order. On complying with this direction, there wi .....

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