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    <title>1998 (3) TMI 440 - CEGAT, MUMBAI</title>
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    <description>Machine classification turned on its design and overall functional capability, not its description alone: the imported gear tooth chamfering machine was treated as a multi-function machine because it could chamfer, deburr and tooth-round with different cams, so Open General Licence clearance and exemption under Notification No. 154/86-Cus. were denied. However, because there was no finding of mala fide or misdeclaration and the importer relied on the manufacturer&#039;s own description, confiscation and penalty were held unjustified and set aside. The exemption notification was construed strictly and was not extended to a machine capable of multiple functions.</description>
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      <title>1998 (3) TMI 440 - CEGAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=91149</link>
      <description>Machine classification turned on its design and overall functional capability, not its description alone: the imported gear tooth chamfering machine was treated as a multi-function machine because it could chamfer, deburr and tooth-round with different cams, so Open General Licence clearance and exemption under Notification No. 154/86-Cus. were denied. However, because there was no finding of mala fide or misdeclaration and the importer relied on the manufacturer&#039;s own description, confiscation and penalty were held unjustified and set aside. The exemption notification was construed strictly and was not extended to a machine capable of multiple functions.</description>
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