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    <title>2004 (3) TMI 687 - CESTAT, MUMBAI</title>
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    <description>Non-disclosure of captively used intermediate products in the classification list can amount to suppression of material facts, making the extended period of limitation available where duty is otherwise exigible. The note also records that marketability may be inferred from market presence and inter-factory movement of the goods. Duty exposure was nevertheless confined by limitation for part of the period, and demands were curtailed where the exemption regime had changed after rescission of the relevant notification. The demand relating to one intermediate product was directed to be recalculated on the recorded basis, and the penalty was reduced accordingly.</description>
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    <pubDate>Mon, 08 Mar 2004 00:00:00 +0530</pubDate>
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      <description>Non-disclosure of captively used intermediate products in the classification list can amount to suppression of material facts, making the extended period of limitation available where duty is otherwise exigible. The note also records that marketability may be inferred from market presence and inter-factory movement of the goods. Duty exposure was nevertheless confined by limitation for part of the period, and demands were curtailed where the exemption regime had changed after rescission of the relevant notification. The demand relating to one intermediate product was directed to be recalculated on the recorded basis, and the penalty was reduced accordingly.</description>
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