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    <title>2018 (3) TMI 765 - CESTAT NEW DELHI</title>
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    <description>Denial of exemption under Notification No. 12/12-CE, as amended, could not be sustained where eligibility depended on laboratory testing that was not carried out on a proper scientific basis. The Tribunal noted that the prescribed standard for henna powder was applied to henna paste, without comparison to a proper standard plant source, and that some re-testing supported the assessee&#039;s position. As the basic facts necessary to determine exemption eligibility were not established with certainty, the impugned orders were set aside and the matter was remanded for fresh adjudication with proper re-testing.</description>
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      <title>2018 (3) TMI 765 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=357062</link>
      <description>Denial of exemption under Notification No. 12/12-CE, as amended, could not be sustained where eligibility depended on laboratory testing that was not carried out on a proper scientific basis. The Tribunal noted that the prescribed standard for henna powder was applied to henna paste, without comparison to a proper standard plant source, and that some re-testing supported the assessee&#039;s position. As the basic facts necessary to determine exemption eligibility were not established with certainty, the impugned orders were set aside and the matter was remanded for fresh adjudication with proper re-testing.</description>
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      <pubDate>Tue, 13 Mar 2018 00:00:00 +0530</pubDate>
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