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1996 Supreme(SC) 1765

S.B.MAJMUDAR, S.P.BHARUCHA
Collector Of Central Excise, Bombay – Appellant
Versus
Jayant Dalal Private LTD. – Respondent


ORDER

1. The Revenue is in appeal against the order of the Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi. The Tribunal has held that the monomer castings produced by the respondents directly from caprolactum are not classifiable as articles of plastic under Item 15-A (2) of the Central Excise Tariff but are classifiable under the residuary Tariff Item 68. In doing so, the Tribunal has, inter alia, relied upon the Tariff Advice issued on 27-11-1980, by the Central Board of Excise and Customs which states that "the Board is of the opinion that monomer castings produced directly from caprolactum are not classifiable as articles of plastics under Item 15-A (2) of CET and the same are properly classifiable under Item 68 of Central Excise Tariff".

2. Having regard to the Tariff Advice which was issued by the Central Board of Excise and Customs, it is difficult to see how the Collector could have held otherwise, how the Revenue could have argued otherwise before the Tribunal, and how the Revenue could have filed this appeal.

3. The appeal is dismissed, with costs.

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