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    <title>2018 (1) TMI 573 - CESTAT NEW DELHI</title>
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    <description>Used and old imported machinery cannot claim EPCG zero-duty benefit where that factual position is admitted. Rejection of the declared transaction value is not warranted under the Customs Valuation Rules absent evidence that the invoice value is false or otherwise unacceptable, and a later finding that goods were used does not by itself justify revaluation. The article also notes that classification for CVD exemption must follow the General Rules for Interpretation according to the nature of the goods as imported, while challenges based on Section 138B procedure were found untenable. Redemption fine and penalties were treated as within statutory limits, with the overall order sustained.</description>
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    <pubDate>Thu, 11 Jan 2018 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=353837</link>
      <description>Used and old imported machinery cannot claim EPCG zero-duty benefit where that factual position is admitted. Rejection of the declared transaction value is not warranted under the Customs Valuation Rules absent evidence that the invoice value is false or otherwise unacceptable, and a later finding that goods were used does not by itself justify revaluation. The article also notes that classification for CVD exemption must follow the General Rules for Interpretation according to the nature of the goods as imported, while challenges based on Section 138B procedure were found untenable. Redemption fine and penalties were treated as within statutory limits, with the overall order sustained.</description>
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      <pubDate>Thu, 11 Jan 2018 00:00:00 +0530</pubDate>
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