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    <title>1990 (9) TMI 84 - HIGH COURT OF JUDICATURE AT BOMBAY</title>
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    <description>Tracing paper was held to fall within Tariff Item No. 17(1) as &quot;printing and writing paper&quot; rather than Tariff Item No. 17(2) of the First Schedule to the Central Excises and Salt Act, 1944. The classification turned on the use of the paper: although tracing paper is not primarily used for printing, tracing was treated as a form of writing because it involves marking, delineating, sketching, or reproducing matter on paper. Commercial understanding, supported by affidavits, also showed that tracing paper is regarded in trade as paper used for writing, drawing, or reproduction. The Department did not discharge the burden of justifying a different tariff classification, so duty under Item 17(2) was not attracted.</description>
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    <pubDate>Wed, 05 Sep 1990 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=42844</link>
      <description>Tracing paper was held to fall within Tariff Item No. 17(1) as &quot;printing and writing paper&quot; rather than Tariff Item No. 17(2) of the First Schedule to the Central Excises and Salt Act, 1944. The classification turned on the use of the paper: although tracing paper is not primarily used for printing, tracing was treated as a form of writing because it involves marking, delineating, sketching, or reproducing matter on paper. Commercial understanding, supported by affidavits, also showed that tracing paper is regarded in trade as paper used for writing, drawing, or reproduction. The Department did not discharge the burden of justifying a different tariff classification, so duty under Item 17(2) was not attracted.</description>
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