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    <title>1999 (10) TMI 193 - CEGAT, MUMBAI</title>
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    <description>In a pre-deposit dispute, the Tribunal granted substantial interim relief on a prima facie assessment of classification, exemption, Modvat credit, freight and octroi deductions, and cum-duty valuation. It noted that the goods appeared more appropriately classifiable as beverages, while also recognising a prima facie claim to exemption under the relevant notifications for pulp-based drinks; the duty burden was therefore reduced for stay purposes. On penalty, the Tribunal held that section 11AC was not prima facie attracted where the assessment had been provisional and there was no adequate material of suppression, mis-declaration, or wilful intent to evade duty, so recovery of the penalty was stayed.</description>
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    <pubDate>Fri, 01 Oct 1999 00:00:00 +0530</pubDate>
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      <title>1999 (10) TMI 193 - CEGAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=92513</link>
      <description>In a pre-deposit dispute, the Tribunal granted substantial interim relief on a prima facie assessment of classification, exemption, Modvat credit, freight and octroi deductions, and cum-duty valuation. It noted that the goods appeared more appropriately classifiable as beverages, while also recognising a prima facie claim to exemption under the relevant notifications for pulp-based drinks; the duty burden was therefore reduced for stay purposes. On penalty, the Tribunal held that section 11AC was not prima facie attracted where the assessment had been provisional and there was no adequate material of suppression, mis-declaration, or wilful intent to evade duty, so recovery of the penalty was stayed.</description>
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