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    <title>2000 (6) TMI 68 - CEGAT, COURT NO. I, NEW DELHI</title>
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    <description>Locomotive-specific components were treated as classifiable under Chapter 86 because the controlling test was sole or principal use with railway locomotives, so the exemption under Notification No. 197/87-CE applied and the duty demand and penalty on that count could not stand. Scrap generated by dismantling old locomotives was distinguished from scrap arising from manufacture or mechanical working of metals; only the latter was considered duty-liable. The assessment was therefore required to exclude dismantling scrap and be confined to manufacturing scrap in accordance with law.</description>
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      <link>https://www.taxtmi.com/caselaws?id=49837</link>
      <description>Locomotive-specific components were treated as classifiable under Chapter 86 because the controlling test was sole or principal use with railway locomotives, so the exemption under Notification No. 197/87-CE applied and the duty demand and penalty on that count could not stand. Scrap generated by dismantling old locomotives was distinguished from scrap arising from manufacture or mechanical working of metals; only the latter was considered duty-liable. The assessment was therefore required to exclude dismantling scrap and be confined to manufacturing scrap in accordance with law.</description>
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