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2007 (10) TMI 309

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..... scribed as Lutavit. The Commissioner (Appeals) by an interim order was pleased to direct deposit of 50% of differential duty demanded. That was the subject matter a petition preferred before this Court. Notice was issued to the respondents. During the pendency of this petition, Commissioner (Appeals) by his order dated 11-9-2007 was pleased to dismiss the appeal on the ground of failure by the pet .....

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..... r of a Writ Petition filed before this Court, being Writ Petition No. 630 of 1995. One Mr. R.D. More, Assistant Commissioner had filed an affidavit before this Court on 13-10-2003, wherein it was set out as under : "I say and submit that in the present-petition essentially only one issue is involved i.e. classification dispute of imported product item's (1) ALBAC Feed Supplement 15% (Zinc Bacitr .....

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..... nts in some other matters. The learned Authority below on some material, first referred to Albac Feed Supplement and its constituents as set out in para 10 and thereafter proceeded to hold that it would fall under classification CTH 29.36. The contention of the petitioner is that the product which was the subject matter and which was before the Commissioner (Appeals) was the same product when th .....

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