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    <title>1999 (12) TMI 352 - CEGAT, MUMBAI</title>
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    <description>Heading 98.01 was treated as covering components and raw materials as well as capital goods, so Rule 57Q(3) did not clearly exclude credit otherwise available on inputs under Rule 57A. On that basis, a strong prima facie case was made for waiver of the balance pre-deposit where the credit had been claimed as input credit and had been taken for several years. The record also disclosed no clear allegation of suppression or misdeclaration, while import documents and returns had been furnished and earlier departmental orders supported bona fide belief. The material therefore justified waiver of further pre-deposit, stay of balance duty and penalty, and keeping recovery in abeyance.</description>
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    <pubDate>Sat, 18 Dec 1999 00:00:00 +0530</pubDate>
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      <title>1999 (12) TMI 352 - CEGAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=94276</link>
      <description>Heading 98.01 was treated as covering components and raw materials as well as capital goods, so Rule 57Q(3) did not clearly exclude credit otherwise available on inputs under Rule 57A. On that basis, a strong prima facie case was made for waiver of the balance pre-deposit where the credit had been claimed as input credit and had been taken for several years. The record also disclosed no clear allegation of suppression or misdeclaration, while import documents and returns had been furnished and earlier departmental orders supported bona fide belief. The material therefore justified waiver of further pre-deposit, stay of balance duty and penalty, and keeping recovery in abeyance.</description>
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      <pubDate>Sat, 18 Dec 1999 00:00:00 +0530</pubDate>
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