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    <title>2004 (7) TMI 524 - CESTAT, CHENNAI</title>
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    <description>Imported goods declared as Ascorbyl Polyphosphate were claimed to qualify for concessional duty under Notification No. 23/98, and the record showed that this item was specifically listed in the notification. The departmental view was only that the sample contained phosphorus-bearing organic compounds, but no test report was produced and there was nothing to show that a chemical test had in fact been carried out. On that material, the denial of notification benefit was not supportable at the interim stage, and a strong prima facie case was found for waiver of pre-deposit and stay of recovery.</description>
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      <title>2004 (7) TMI 524 - CESTAT, CHENNAI</title>
      <link>https://www.taxtmi.com/caselaws?id=114001</link>
      <description>Imported goods declared as Ascorbyl Polyphosphate were claimed to qualify for concessional duty under Notification No. 23/98, and the record showed that this item was specifically listed in the notification. The departmental view was only that the sample contained phosphorus-bearing organic compounds, but no test report was produced and there was nothing to show that a chemical test had in fact been carried out. On that material, the denial of notification benefit was not supportable at the interim stage, and a strong prima facie case was found for waiver of pre-deposit and stay of recovery.</description>
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