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    <title>2001 (5) TMI 77 - CEGAT, COURT NO. IV, NEW DELHI</title>
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    <description>Exemption under Notification No. 38/93-C.E. for asbestos cement pipes and couplings turned on whether fly ash content was to be calculated with water content included. The relevant measure was the dry finished goods at the time of clearance from the factory, because goods under curing or containing water were not the cleared product. Water absorbed during manufacture could not be treated as part of the finished goods for testing the 25% fly ash threshold. On that basis, the statutory records showed compliance with the requirement, and the demand and penalty were unsustainable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=50498</link>
      <description>Exemption under Notification No. 38/93-C.E. for asbestos cement pipes and couplings turned on whether fly ash content was to be calculated with water content included. The relevant measure was the dry finished goods at the time of clearance from the factory, because goods under curing or containing water were not the cleared product. Water absorbed during manufacture could not be treated as part of the finished goods for testing the 25% fly ash threshold. On that basis, the statutory records showed compliance with the requirement, and the demand and penalty were unsustainable.</description>
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