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    <title>2005 (2) TMI 282 - CESTAT, CHENNAI</title>
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    <description>Multipurpose plastic stands were held classifiable as furniture under Heading 94.03, not as articles of plastics under sub-heading 3926.90, because their use and tariff/HSN guidance placed them within the furniture description. The extended period of limitation was held inapplicable, as bona fide belief and the absence of deliberate suppression negatived intent to evade duty. Sale price was required to be treated as cum-duty price for valuation. Modvat credit was allowed, subject to proof before the jurisdictional authority that the inputs were duty paid. Penalties were unsustainable because the finding on limitation removed the basis for penal action.</description>
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      <title>2005 (2) TMI 282 - CESTAT, CHENNAI</title>
      <link>https://www.taxtmi.com/caselaws?id=53923</link>
      <description>Multipurpose plastic stands were held classifiable as furniture under Heading 94.03, not as articles of plastics under sub-heading 3926.90, because their use and tariff/HSN guidance placed them within the furniture description. The extended period of limitation was held inapplicable, as bona fide belief and the absence of deliberate suppression negatived intent to evade duty. Sale price was required to be treated as cum-duty price for valuation. Modvat credit was allowed, subject to proof before the jurisdictional authority that the inputs were duty paid. Penalties were unsustainable because the finding on limitation removed the basis for penal action.</description>
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