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    <title>2021 (12) TMI 490 - CESTAT MUMBAI</title>
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    <description>Imported motorcycle gears were held to fall under heading 8483 of the Customs Tariff when the goods were specifically described as gears and transmission elements. Exclusionary notes in Sections XVI and XVII could not displace that specific entry merely by relying on end use as motorcycle parts, because heading 8714 had first to be independently established on the tariff description itself. Applying Rule 1 of the General Rules for Interpretation, the analysis gave primacy to the goods as presented and placed the burden on the Revenue to justify the rival classification. The classification under heading 8714 was therefore not sustained, and the assessee&#039;s declared classification was upheld.</description>
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    <pubDate>Thu, 09 Dec 2021 00:00:00 +0530</pubDate>
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      <title>2021 (12) TMI 490 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=415724</link>
      <description>Imported motorcycle gears were held to fall under heading 8483 of the Customs Tariff when the goods were specifically described as gears and transmission elements. Exclusionary notes in Sections XVI and XVII could not displace that specific entry merely by relying on end use as motorcycle parts, because heading 8714 had first to be independently established on the tariff description itself. Applying Rule 1 of the General Rules for Interpretation, the analysis gave primacy to the goods as presented and placed the burden on the Revenue to justify the rival classification. The classification under heading 8714 was therefore not sustained, and the assessee&#039;s declared classification was upheld.</description>
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      <pubDate>Thu, 09 Dec 2021 00:00:00 +0530</pubDate>
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