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TMI Blog2014 (8) TMI 882X X X X Extracts X X X X X X X X Extracts X X X X ..... ) TMI 395 - CESTAT MUMBAI] remanded the matter back to the adjudicating authority to consider the issue of marketability of sugar syrup and thereafter, consider the dutiability thereon relying on the decision of this Tribunal in the case of Ambaji Foods (India) PVt. Ltd. Vs. Commissioner of Central, Kanpur reported in [2010 (8) TMI 714 - CESTAT, NEW DELHI]. In the present case also, the adjudicati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Anil Choudhary, JJ. For the Appellant :None For the Respondent : Shri D D Joshi, Supdt. (AR) PER : P R Chandrasekharan The appeal and stay petition are directed against Order-in-Appeal No. PUN-EXCUS-002-APP-190-13-14 dated 21.2.2014 passed by the Commissioner of Central Excise (Appeals), Pune -II. Vide the impugned order, the lower appellate authority has confirmed a duty dem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lf for consideration after waiving the requirement of any pre-deposit and with the consent of the Revenue. 4.1 In an identical matter involving dutiability of sugar syrup, in the case of Shiv Shakti Processed Foods Vs. Commissioner of Central Excise, Pune -I, this Tribunal vide order no. A/51/14/EB/C-II dated 10.12.2013 remanded the matter back to the adjudicating authority to consider the issu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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