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    <title>2009 (3) TMI 828 - CESTAT, CHENNAI</title>
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    <description>Entitlement to Notification No. 45/94 depended on proving that the imported goods were meant for use in the leather industry, and the appellants had to establish a reliable nexus between the goods cleared and sales to traders in that industry. The affidavits produced were only from some alleged purchasers, were general in nature, and did not specifically correlate with the Bill of Entry, invoices, or packing lists. On that evidentiary record, the burden of proof was not discharged, so the notification benefit was denied and the confiscation, duty demand, and penalty were sustained.</description>
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      <description>Entitlement to Notification No. 45/94 depended on proving that the imported goods were meant for use in the leather industry, and the appellants had to establish a reliable nexus between the goods cleared and sales to traders in that industry. The affidavits produced were only from some alleged purchasers, were general in nature, and did not specifically correlate with the Bill of Entry, invoices, or packing lists. On that evidentiary record, the burden of proof was not discharged, so the notification benefit was denied and the confiscation, duty demand, and penalty were sustained.</description>
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