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    <title>2015 (9) TMI 1322 - CESTAT MUMBAI</title>
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    <description>Processed rubber compound in sheet form was treated as falling under residuary sub-heading 4005.90 because sub-heading 4005.10 applies only where no CENVAT credit on inputs used in manufacture has been availed; once any such credit is taken, the condition is not met. The incorrect declaration that no credit was claimed amounted to misstatement, so extended limitation and penalty were sustainable for that product. For processed rubber compound in cord form, obtained by further extrusion from sheet form, the goods were regarded as further worked and outside heading 4005, so classification under 4006.90 applied. For this product, prior accepted declarations and the absence of earlier departmental dispute meant suppression was not established, so extended limitation and penalty were not invocable.</description>
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    <pubDate>Wed, 19 Aug 2015 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=264654</link>
      <description>Processed rubber compound in sheet form was treated as falling under residuary sub-heading 4005.90 because sub-heading 4005.10 applies only where no CENVAT credit on inputs used in manufacture has been availed; once any such credit is taken, the condition is not met. The incorrect declaration that no credit was claimed amounted to misstatement, so extended limitation and penalty were sustainable for that product. For processed rubber compound in cord form, obtained by further extrusion from sheet form, the goods were regarded as further worked and outside heading 4005, so classification under 4006.90 applied. For this product, prior accepted declarations and the absence of earlier departmental dispute meant suppression was not established, so extended limitation and penalty were not invocable.</description>
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