https://www.taxtmi.com/caselaws?id=244185 Imported used rails described as heavy melting scrap were treated as scrap rather than rails because the goods were found to be used rail material not shown to be fit for rail use. The contemporaneous import-policy position was taken to govern importability, so the goods were not treated as restricted during the relevant period. On that classification, exemption under Notification No. 21/2002-Cus. applied. The declared transaction value was also accepted because the record showed no evidence of additional consideration or any lawful basis to discard it, and enhancement on mere misdeclaration was not sustained. en-us Tue, 11 Feb 2014 00:00:00 +0530 Tue, 02 Sep 2014 16:10:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=244185 Imported used rails described as heavy melting scrap were treated as scrap rather than rails because the goods were found to be used rail material not shown to be fit for rail use. The contemporaneous import-policy position was taken to govern importability, so the goods were not treated as restricted during the relevant period. On that classification, exemption under Notification No. 21/2002-Cus. applied. The declared transaction value was also accepted because the record showed no evidence of additional consideration or any lawful basis to discard it, and enhancement on mere misdeclaration was not sustained. Case-Laws Customs Tue, 11 Feb 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=244185