Ajoy Nath Ray, J. - (1.) The writ petition is against three show cause notices. The period for which Duty is claimed is 2-6-1998 to 3-6-1998. The petitioners contend that as per Tariff Item 0902.10 (page 21) tea in unit containers but not bearing any brand name would not attract Excise Duty.
(2.) It is alleged inter alia in paragraphs 6 and 26 that tea was cleared in bulk from the estates bearing no brand names but, names of Tea Estates.
(3.) It is submitted that on this basis the show cause cannot issue as Duty is not attracted.;