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    <title>2009 (8) TMI 937 - CESTAT AHMEDABAD</title>
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    <description>Tinting of base white paint at depots by mixing colourants was found prima facie not to amount to manufacture because the base paint appeared independently marketable and the addition of colourants did not necessarily create a further manufacturing process. The Tribunal also found prima facie support for the plea that the demand was time-barred, having regard to the period covered by the show-cause notice and its date of issue. On that basis, pre-deposit of duty and penalty was dispensed with and recovery was stayed pending appeal.</description>
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      <description>Tinting of base white paint at depots by mixing colourants was found prima facie not to amount to manufacture because the base paint appeared independently marketable and the addition of colourants did not necessarily create a further manufacturing process. The Tribunal also found prima facie support for the plea that the demand was time-barred, having regard to the period covered by the show-cause notice and its date of issue. On that basis, pre-deposit of duty and penalty was dispensed with and recovery was stayed pending appeal.</description>
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