M/S. Puma Ayurvedic Herbal (P) Ltd vs Commissioner, Central Excise, Nagpur on 8 March, 2006
6. Following the ratio of the apex court's judgments in CCE, Calcutta-IV v. Pandit D.P. Sharma , CCE, Nagpur v. Vicco Laboratories , Dabur (India) Ltd. v. CCE, Jamshedpur 2005 (182) ELT 290 (SC) and Puma Ayurvedic Herbal (P) Ltd. v. CCE, Nagpur , we set aside the impugned order dated 22.1.2004 and allow appeal No. E/1614/04. Consequent to the above decisions setting aside the classification of the product adopted by the department, namely under CET sub-heading 3306.00, the demand on mis basis also fails. Hence the impugned order dated 22.11.2000 is upheld and appeal No. E/542/01 of the Revenue is dismissed.