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    <title>2013 (11) TMI 1013 - GUJARAT HIGH COURT</title>
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    <description>The dominant issue was whether refund of 4% SAD under Notification No. 102/2007-Cus could be denied on the ground that imported round timber logs were sawn/cut into smaller sizes before domestic sale, allegedly breaching the condition of &quot;subsequent sale of the said goods.&quot; The HC held that sawing/cutting did not amount to manufacture and did not bring a new product into existence; the identity of timber remained unchanged, and the cutting was also necessitated by transport restrictions. Since SAD was paid on import, the goods were sold locally, and VAT/sales tax was paid with requisite documentation, the condition was satisfied. The Department&#039;s appeals were dismissed and refund upheld.</description>
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    <pubDate>Thu, 07 Jul 2011 00:00:00 +0530</pubDate>
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      <title>2013 (11) TMI 1013 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=239836</link>
      <description>The dominant issue was whether refund of 4% SAD under Notification No. 102/2007-Cus could be denied on the ground that imported round timber logs were sawn/cut into smaller sizes before domestic sale, allegedly breaching the condition of &quot;subsequent sale of the said goods.&quot; The HC held that sawing/cutting did not amount to manufacture and did not bring a new product into existence; the identity of timber remained unchanged, and the cutting was also necessitated by transport restrictions. Since SAD was paid on import, the goods were sold locally, and VAT/sales tax was paid with requisite documentation, the condition was satisfied. The Department&#039;s appeals were dismissed and refund upheld.</description>
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      <pubDate>Thu, 07 Jul 2011 00:00:00 +0530</pubDate>
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