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G.SANKARAN, H.R.SYIEM, S.C.JAIN
Collector of Central Excise, Meerut – Appellant
Versus
Searsole Chemicals Ltd. – Respondent


Advocates Appeared:
S.N. Khanna,T.M. Ansari

ORDER

G. Sankaran, Member (T)

1. The present appeal is directed against Order No. 251-CE/MRT/83, dated 19-11-1983 passed by the Collector of Central Excise (Appeals), New Delhi. By this order, the Collector (Appeals) upheld the contention of M/s. Searsole Chemicals Ltd. (hereinafter called the Respondents) that coated precipitated chalk was eligible for exemption from payment of Central Excise duty under Notification No. 23/55, dated 29-4-1955. The Assistant Collector had denied the benefit of this exemption and the Appellate Collector set aside the Assistant Collector's order and extended the benefit of the exemption.

2. We have heard Shri S.N Khanna, Departmental Representative for the Appellant and Shri T.M. Ansari, Advocate for the Respondents.

3. Notification No. 23/55 issued by the Central Government under Central Excise Rule 8(1) exempts several specified products from the whole of the duty leviable thereon under Section 3 of the Central Excises and Salt Act, 1944. The entry relevant for our present purpose reads as follows :

"Minerals, employed either as extenders, suspending agents or fillers or as diluents, namely : - Barytes, Bauxite, Bentonite, China Clay, Celestite, Limesto

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