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    <title>2003 (7) TMI 158 - CESTAT, NEW DELHI</title>
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    <description>Imported goods consisting of secondary or defective sheets and cuttings, saleable as such, were held not to answer the description of ferrous waste and scrap or re-melting scrap under Heading 72.04; their essential character supported classification under Headings 72.08/72.09. On valuation, assessable value could not be enhanced in the absence of material displacing the declared transaction value, since misdeclaration alone did not establish undervaluation. As a result, the classification adopted by the department was sustained, while the value enhancement was set aside and the redemption fine and penalties were reduced.</description>
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      <link>https://www.taxtmi.com/caselaws?id=52008</link>
      <description>Imported goods consisting of secondary or defective sheets and cuttings, saleable as such, were held not to answer the description of ferrous waste and scrap or re-melting scrap under Heading 72.04; their essential character supported classification under Headings 72.08/72.09. On valuation, assessable value could not be enhanced in the absence of material displacing the declared transaction value, since misdeclaration alone did not establish undervaluation. As a result, the classification adopted by the department was sustained, while the value enhancement was set aside and the redemption fine and penalties were reduced.</description>
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