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    <title>1995 (11) TMI 378 - CEGAT, NEW DELHI</title>
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    <description>Pulverising, washing and cleaning imported brass dross/ash did not amount to manufacture because the process did not bring into existence a new, distinct, marketable commodity with a separate identity, character or use. The goods also did not fall within the tariff description of metal waste and scrap from manufacture or mechanical working of metals. The extended limitation period could not be invoked because wilful suppression or intent to evade duty was not proved, and the department was already aware of the activity. Penalties based on alleged clandestine manufacture therefore failed and were set aside.</description>
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      <link>https://www.taxtmi.com/caselaws?id=201452</link>
      <description>Pulverising, washing and cleaning imported brass dross/ash did not amount to manufacture because the process did not bring into existence a new, distinct, marketable commodity with a separate identity, character or use. The goods also did not fall within the tariff description of metal waste and scrap from manufacture or mechanical working of metals. The extended limitation period could not be invoked because wilful suppression or intent to evade duty was not proved, and the department was already aware of the activity. Penalties based on alleged clandestine manufacture therefore failed and were set aside.</description>
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