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    <title>2001 (7) TMI 711 - CEGAT,  MUMBAI</title>
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    <description>Classification of goods had to be determined by their tariff identity and relevant Chapter 39 notes, not merely by their use for conveying rainwater, so the matter was remanded for fresh examination of Heading 39.25. Valuation in job-work circumstances was to be reworked on the basis of cost of manufacture, with admissible Modvat credit on duty-paid inputs considered and procedural lapses not defeating substantive credit where conditions were otherwise met. The extended limitation period was upheld for want of material rebutting suppression, and Notification No. 1/93-C.E. was denied because the goods bore the brand name of the raw material supplier. Penalty under Section 11AC was also sent back for redetermination in light of the revised duty exercise.</description>
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      <link>https://www.taxtmi.com/caselaws?id=99612</link>
      <description>Classification of goods had to be determined by their tariff identity and relevant Chapter 39 notes, not merely by their use for conveying rainwater, so the matter was remanded for fresh examination of Heading 39.25. Valuation in job-work circumstances was to be reworked on the basis of cost of manufacture, with admissible Modvat credit on duty-paid inputs considered and procedural lapses not defeating substantive credit where conditions were otherwise met. The extended limitation period was upheld for want of material rebutting suppression, and Notification No. 1/93-C.E. was denied because the goods bore the brand name of the raw material supplier. Penalty under Section 11AC was also sent back for redetermination in light of the revised duty exercise.</description>
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