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    <title>2005 (11) TMI 79 - HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR</title>
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    <description>Goods installed in the humidification plant of a 100% export oriented undertaking were treated as capital goods under the exemption notification because the test was their functional nexus with manufacture, not whether they operated only as movable machinery. The false ceiling materials were said to improve plant efficiency and support production of the export product, so exemption could not be denied merely because they formed part of the installation. On that basis, the duty demand was considered unsustainable and the consequential penalty had no foundation.</description>
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      <description>Goods installed in the humidification plant of a 100% export oriented undertaking were treated as capital goods under the exemption notification because the test was their functional nexus with manufacture, not whether they operated only as movable machinery. The false ceiling materials were said to improve plant efficiency and support production of the export product, so exemption could not be denied merely because they formed part of the installation. On that basis, the duty demand was considered unsustainable and the consequential penalty had no foundation.</description>
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