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    <title>2003 (3) TMI 395 - CEGAT, MUMBAI</title>
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    <description>Conflicting technical evidence on marketability required fair consideration of the assessee&#039;s defence, and denial of cross-examination of departmental experts could vitiate the adjudication. The record showed that the assessee had raised specific technical objections to the department&#039;s reports, but those objections were not properly examined before concluding that the product was dutiable. On limitation, the extended period could not be invoked merely for non-compliance with a procedural declaration if the department already knew the relevant manufacturing facts and could reasonably infer the product&#039;s existence. The matter was therefore remanded for fresh decision after considering the assessee&#039;s evidence and objections.</description>
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    <pubDate>Wed, 26 Mar 2003 00:00:00 +0530</pubDate>
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      <title>2003 (3) TMI 395 - CEGAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=107311</link>
      <description>Conflicting technical evidence on marketability required fair consideration of the assessee&#039;s defence, and denial of cross-examination of departmental experts could vitiate the adjudication. The record showed that the assessee had raised specific technical objections to the department&#039;s reports, but those objections were not properly examined before concluding that the product was dutiable. On limitation, the extended period could not be invoked merely for non-compliance with a procedural declaration if the department already knew the relevant manufacturing facts and could reasonably infer the product&#039;s existence. The matter was therefore remanded for fresh decision after considering the assessee&#039;s evidence and objections.</description>
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