<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2005 (7) TMI 603 - CESTAT, MUMBAI</title>
    <link>https://www.taxtmi.com/caselaws?id=123740</link>
    <description>C-9 solvent used as fuel was found to be a different product from High Speed Diesel Oil, supported by technical reports and expert opinions showing that it did not meet HSD specifications. Credit of duty could not be denied merely because both goods fell under the same tariff heading, especially when no sample was drawn or tested at the assessee&#039;s premises and the authority proceeded on assumption rather than proof. Where supplier documentation or classification needed alteration, the proper course was first to vary the assessment at the supplier&#039;s end. Denial of credit and the consequential penalty were therefore not sustainable.</description>
    <language>en-us</language>
    <pubDate>Fri, 01 Jul 2005 00:00:00 +0530</pubDate>
    <lastBuildDate>Wed, 19 Sep 2012 18:20:21 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=160701" rel="self" type="application/rss+xml"/>
    <item>
      <title>2005 (7) TMI 603 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=123740</link>
      <description>C-9 solvent used as fuel was found to be a different product from High Speed Diesel Oil, supported by technical reports and expert opinions showing that it did not meet HSD specifications. Credit of duty could not be denied merely because both goods fell under the same tariff heading, especially when no sample was drawn or tested at the assessee&#039;s premises and the authority proceeded on assumption rather than proof. Where supplier documentation or classification needed alteration, the proper course was first to vary the assessment at the supplier&#039;s end. Denial of credit and the consequential penalty were therefore not sustainable.</description>
      <category>Case-Laws</category>
      <law>Central Excise</law>
      <pubDate>Fri, 01 Jul 2005 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=123740</guid>
    </item>
  </channel>
</rss>