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    <title>2023 (12) TMI 1179 - CESTAT CHENNAI</title>
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    <description>Eligibility for concessional duty under Notification No. 12/2012-CE on imported recycled polyester staple fibre required factual and legal verification, because the appellant abandoned the classification dispute and relied only on the notification benefit. The Tribunal noted that the goods were described as manufactured from waste, but the applicability of the later notification and the cited authorities on its retrospective operation could not be finally determined on the existing record. The assessment and refund claim were therefore not decided finally and were remitted to the original authority for examination.</description>
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      <description>Eligibility for concessional duty under Notification No. 12/2012-CE on imported recycled polyester staple fibre required factual and legal verification, because the appellant abandoned the classification dispute and relied only on the notification benefit. The Tribunal noted that the goods were described as manufactured from waste, but the applicability of the later notification and the cited authorities on its retrospective operation could not be finally determined on the existing record. The assessment and refund claim were therefore not decided finally and were remitted to the original authority for examination.</description>
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