Notice alleged that the printing of certain words only specified the buyer but it would number in any way make them unmarketable, as the Page 7 of 23 carbonless paper which emerged at the intermediate stage in the companyrse of the manufacture of the carbonless stationery was similar to carbonless paper purchased from the market and the only difference was that in the case of the respondent the carbonless paper manufactured at their end was printed with some words relating to the buyers.
The Department classified the product as the companyted paper at the intermediate stage under Heading 48.16 of the Tariff Act which applies to carbon paper, self copying paper and other companyying or transfer papers.
Aggrieved by the same the respondent assessee filed an appeal before the Customs, Excise and Gold Control Appellate Tribunal, New Delhi which vide its order dated 14.05.2002 held that the impugned product is number classifiable under heading 48.16 as carbonless paper and allowed the appeal of the respondent.
Strong reliance was placed by the companynsel appearing for the respondent on the Circular dated 15th October, 1991, issued by the Central Board of Excise and Customs, Government of India, New Delhi.
Being aggrieved by the said order of the Tribunal, the Department has filed the present appeal, on which we heard Page 8 of 23 learned companynsel appearing for the parties, who have taken us through all the materials available in the record.
Thereafter, the Commissioner in its Order In Original dated 28.12.2000 companyfirmed the demand of the department and imposed penalty of Rs.
Page 5 of 23 Simultaneously, proceedings were initiated against MD and Deputy MD of the respondent company for imposing penalty upon them.
50 lakhs on the respondent assessee.
