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CESTAT dismissed the Revenue appeal and affirmed the impugned appellate order: the imported products were re-classified against the Importer (Assessee) under Chapter 27 (petroleum oils) - some consignments as Base Oil (CTH 27101960) and others as Rubber Process Oil (CTH 27075000) - holding the Assessee's classification under CTH 2803 incorrect; valuation enhancement was upheld. However, confiscation and penalty under s.112(a) were set aside as unsustainable because evidence did not establish intentional mis-declaration to evade duty and certain off-specification oils could constitute CBFS when used in manufacture. The CESTAT therefore affirmed the lower appellate conclusions on classification and value and dismissed the Revenue appeal.
CESTAT dismissed the Revenue appeal and affirmed the impugned appellate order: the imported products were re-classified against the Importer (Assessee) under Chapter 27 (petroleum oils) - some consignments as Base Oil (CTH 27101960) and others as Rubber Process Oil (CTH 27075000) - holding the Assessee's classification under CTH 2803 incorrect; valuation enhancement was upheld. However, confiscation and penalty under s.112(a) were set aside as unsustainable because evidence did not establish intentional mis-declaration to evade duty and certain off-specification oils could constitute CBFS when used in manufacture. The CESTAT therefore affirmed the lower appellate conclusions on classification and value and dismissed the Revenue appeal.
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