9911796707
TMI Blog2001 (3) TMI 145X X X X Extracts X X X X X X X X Extracts X X X X ..... rder-in-Original No. 38/94, dated 29-11-1997 whereunder the Commissioner of Central Excise & Customs, Guntur demanded duty of about Rs. 26 lakhs from the appellants and imposed penalty of Rs. 5 lakhs on them. Appellants are manufacturers of betel nut powder. Duty demand took place on the basis that betel nut powder is liable to Central Excise duty under tariff item No. 2106.90 of the CET. 2. Lear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssioner of Central Excise & Customs (Appeals) in the appellants' own case where he had held that the appellants' product i.e. betel nut powder cannot be classified under tariff item 2106.90. The learned Counsel submitted that the period involved in the present dispute is between 1-3-1994 and 31-3-1994 during which time, betel nut powder was not included as item liable to Central Excise duty in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he proposed classification in their reply to the show cause notice. Thus, the proceedings in the present case revolved around the issue of correct classification of Betel nut powder, though no finding has been recorded by the Commissioner in this regard. It is now clear from the decision of the Hon'ble Madras High Court (supra) as well as the decision of the Commissioner (Appeals) in the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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