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    <title>2019 (9) TMI 1428 - CESTAT MUMBAI</title>
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    <description>Intermediate distillates are not classifiable as motor spirit under chapter sub-heading 2710.13 unless the department proves, by reliable evidence, that they are suitable for use as fuel in a spark ignition engine in addition to satisfying the prescribed flash point criterion. A laboratory report stated that the goods were not suitable for use alone or in admixture with permissible additives, and that finding was not dislodged by contrary independent evidence. On that basis, the goods could not be treated as motor spirit, and captive consumption exemption under Notification No. 67/95-C.E. was not denied.</description>
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      <description>Intermediate distillates are not classifiable as motor spirit under chapter sub-heading 2710.13 unless the department proves, by reliable evidence, that they are suitable for use as fuel in a spark ignition engine in addition to satisfying the prescribed flash point criterion. A laboratory report stated that the goods were not suitable for use alone or in admixture with permissible additives, and that finding was not dislodged by contrary independent evidence. On that basis, the goods could not be treated as motor spirit, and captive consumption exemption under Notification No. 67/95-C.E. was not denied.</description>
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