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    <title>2026 (2) TMI 1031 - CESTAT CHENNAI</title>
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    <description>Technical classification based on diaphragm shape established that the imported items are cone type speakers, entitling the importers to the benefit of Notification No. 21/2002-Cus; the conclusion rested on examination reports, manufacturer and expert material which were not controverted in adjudication. Absent reliable evidence of suppression, wilful misstatement or concealment, the extended limitation proviso was inapplicable and reopening by subsequent investigation was unsustainable. Consequently, notices relying on that reopening, confiscation and imposition of penalties were set aside and the original demand order was quashed with consequential reliefs to follow.</description>
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      <description>Technical classification based on diaphragm shape established that the imported items are cone type speakers, entitling the importers to the benefit of Notification No. 21/2002-Cus; the conclusion rested on examination reports, manufacturer and expert material which were not controverted in adjudication. Absent reliable evidence of suppression, wilful misstatement or concealment, the extended limitation proviso was inapplicable and reopening by subsequent investigation was unsustainable. Consequently, notices relying on that reopening, confiscation and imposition of penalties were set aside and the original demand order was quashed with consequential reliefs to follow.</description>
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