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    <title>2003 (3) TMI 380 - CEGAT, MUMBAI</title>
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    <description>Exemption for freezers was not denied merely because a brand name appeared; the evidence was insufficient to show brand affixation on the goods at clearance. The value of bought-out items incorporated into assembled machinery and tested in the factory was includible in assessable value, so duty was sustained on that basis and quantification was remanded for re-determination. Consultancy charges collected through Rifostar were not shown to have the requisite nexus with assessable value and were excluded, so Rifostar&#039;s penalty failed. Confiscation of land, building, plant and machinery was set aside as unwarranted, while penalties on the remaining noticees were left for fresh determination.</description>
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    <pubDate>Fri, 07 Mar 2003 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=107296</link>
      <description>Exemption for freezers was not denied merely because a brand name appeared; the evidence was insufficient to show brand affixation on the goods at clearance. The value of bought-out items incorporated into assembled machinery and tested in the factory was includible in assessable value, so duty was sustained on that basis and quantification was remanded for re-determination. Consultancy charges collected through Rifostar were not shown to have the requisite nexus with assessable value and were excluded, so Rifostar&#039;s penalty failed. Confiscation of land, building, plant and machinery was set aside as unwarranted, while penalties on the remaining noticees were left for fresh determination.</description>
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      <pubDate>Fri, 07 Mar 2003 00:00:00 +0530</pubDate>
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