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TMI Blog2007 (4) TMI 526X X X X Extracts X X X X X X X X Extracts X X X X ..... for the Respondent. [Order per : K.K. Agarwal, Member (T)]. After hearing both sides on Revenue s prayer for staying tie operation of the order of the Commissioner (Appeals) for some time, we feel that the appeal itself can be disposed off, at this stage. Therefore, after granting stay, we proceed to decide the appeal itself. 2. The facts of the case are that the respondents have impo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e s contention that once the goods were cleared, the Commissioner (Appeals) could not have re-classified the goods without examining the same and the goods have to conform to the definition of granules given in Chapter Note 1(h) to Chapter 72. He has allowed the exemption without satisfying himself whether the conditions of the Notification are fulfilled or not. It was, accordingly, pleaded that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... they have the documents which they have received from the supplier to show that the imported consignment was that of granules only. 6. We have considered the submission. We see merit in Revenue s contention that for re-classifying the goods Commissioner (Appeals) should have examined the goods or at least look into the document to satisfy himself that the goods actually imported meet the require ..... X X X X Extracts X X X X X X X X Extracts X X X X
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