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    <title>2003 (11) TMI 482 - CESTAT, NEW DELHI</title>
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    <description>Exemption under Notification No. 6/2000 was unavailable where the yarn&#039;s classification had already been finally determined against the assessee. The record showed that classification under Heading 52.05 had been rejected in earlier proceedings, and that finding was not challenged further. Once the goods were held classifiable under Chapter 55 and the classification issue had attained finality, the exemption claim failed because its factual and legal basis no longer survived. The demand and penalty were sustained on that footing.</description>
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    <pubDate>Wed, 05 Nov 2003 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=111609</link>
      <description>Exemption under Notification No. 6/2000 was unavailable where the yarn&#039;s classification had already been finally determined against the assessee. The record showed that classification under Heading 52.05 had been rejected in earlier proceedings, and that finding was not challenged further. Once the goods were held classifiable under Chapter 55 and the classification issue had attained finality, the exemption claim failed because its factual and legal basis no longer survived. The demand and penalty were sustained on that footing.</description>
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      <pubDate>Wed, 05 Nov 2003 00:00:00 +0530</pubDate>
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