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    <title>2016 (1) TMI 1176 - CESTAT MUMBAI</title>
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    <description>Refund of Special Additional Duty on imported used tyres was held unavailable where the tyres were consumed in processing into crumb rubber and VAT was paid only on the sale of the finished product. The refund scheme was construed as applying to trading imports meeting its conditions, and mere VAT payment on the processed output did not neutralise the tax incidence on the imported input. The relevant inquiry was whether the SAD burden on the imported goods was offset in the domestic market; on these facts, it was not. The restrictive reading was reinforced by the circular addressing fraudulent SAD refund claims, and the refund rejection was sustained.</description>
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    <pubDate>Fri, 22 Jan 2016 00:00:00 +0530</pubDate>
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      <title>2016 (1) TMI 1176 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=188147</link>
      <description>Refund of Special Additional Duty on imported used tyres was held unavailable where the tyres were consumed in processing into crumb rubber and VAT was paid only on the sale of the finished product. The refund scheme was construed as applying to trading imports meeting its conditions, and mere VAT payment on the processed output did not neutralise the tax incidence on the imported input. The relevant inquiry was whether the SAD burden on the imported goods was offset in the domestic market; on these facts, it was not. The restrictive reading was reinforced by the circular addressing fraudulent SAD refund claims, and the refund rejection was sustained.</description>
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      <pubDate>Fri, 22 Jan 2016 00:00:00 +0530</pubDate>
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