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TMI Blog2009 (5) TMI 791X X X X Extracts X X X X X X X X Extracts X X X X ..... an, Advocate, for the Appellant. Shri V.V. Hariharan, JCDR, for the Respondent. [Order per : P. Karthikeyan, Member (T)]. - This is a ROM petition filed by M/s. Mayilmark Nilayam, seeking rectification of errors apparent front the records contained in our Final Order No. 232-238/09, dated 5-3-09 [2009 (241) E.L.T. 422 (Tri.)]. Adjudicating various proposals, inter alia, to classify 'Shikakai p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er we had classified the shikakai powder under CSH 3305.90 following the judgment of the Apex Court in Sree Ramakrishna Soapnut Works v. Superintendent of Central Excise - 2007 (210) E.L.T. 332 (S.C.), the demand was restricted to normal period. Penalties imposed on the applicants were vacated except that on account of the confiscation of the seized goods. In the application filed before the Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uty of shikakai powder under CSH 3305.90. We are also in agreement with the applicant in their submission that fine and penalty also could not be ordered as there was no proposal to classify shikakai under CSH 3305.90 as decided by the Tribunal. Accordingly, we allow this ROM petition and modify paragraph 11 of our final order No. 232 to 238/2009 dated 5-3-09, which will now read as under :- 11.& ..... X X X X Extracts X X X X X X X X Extracts X X X X
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