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    <title>2024 (1) TMI 738 - CESTAT AHMEDABAD</title>
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    <description>Imported fabrics were examined for classification as upholstery fabric to claim exemption under Notification No. 14/2006-Cus, which turned on whether the goods fit the notification&#039;s restrictive definition and intended end-use. Conflicting expert reports were on record: one indicated the fabric could have multiple uses depending on the user, while another described it as upholstery fabric. The adjudication was found deficient because it accepted one report without addressing the contrary opinion, without explaining how the notification definition was satisfied, and without considering the importer&#039;s additional evidence on alternative uses and actual use by another entity. The impugned order was set aside and the matter remanded for fresh adjudication after considering all evidence.</description>
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      <title>2024 (1) TMI 738 - CESTAT AHMEDABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=448339</link>
      <description>Imported fabrics were examined for classification as upholstery fabric to claim exemption under Notification No. 14/2006-Cus, which turned on whether the goods fit the notification&#039;s restrictive definition and intended end-use. Conflicting expert reports were on record: one indicated the fabric could have multiple uses depending on the user, while another described it as upholstery fabric. The adjudication was found deficient because it accepted one report without addressing the contrary opinion, without explaining how the notification definition was satisfied, and without considering the importer&#039;s additional evidence on alternative uses and actual use by another entity. The impugned order was set aside and the matter remanded for fresh adjudication after considering all evidence.</description>
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