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    <title>2011 (3) TMI 1566 - CESTAT CHENNAI</title>
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    <description>Separate clearance of customised software on CDs and its installation in customers&#039; computers supported a prima facie view that the software was distinct from the appellant&#039;s manufactured electronic security and safety equipment. On that basis, the demand could not at this interim stage be tested as though the software necessarily fell under the same tariff heading as the equipment. The Tribunal also noted that duty at 8% had already been paid and did not decide, at this stage, whether exemption under Serial No. 27 of Notification No. 6/06-C.E. applied. Waiver of pre-deposit of differential duty, interest and penalty was granted and recovery stayed pending appeal.</description>
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      <title>2011 (3) TMI 1566 - CESTAT CHENNAI</title>
      <link>https://www.taxtmi.com/caselaws?id=170313</link>
      <description>Separate clearance of customised software on CDs and its installation in customers&#039; computers supported a prima facie view that the software was distinct from the appellant&#039;s manufactured electronic security and safety equipment. On that basis, the demand could not at this interim stage be tested as though the software necessarily fell under the same tariff heading as the equipment. The Tribunal also noted that duty at 8% had already been paid and did not decide, at this stage, whether exemption under Serial No. 27 of Notification No. 6/06-C.E. applied. Waiver of pre-deposit of differential duty, interest and penalty was granted and recovery stayed pending appeal.</description>
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