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Classification of goods - benefit of exemption - Import of Flexi ...


Tribunal Remands Case on Flexi Tanks' Durability for Tax Exemption; Focus on Endurance, Material, and Purpose.

March 8, 2024

Case Laws     Customs     AT

Classification of goods - benefit of exemption - Import of Flexi tanks - containers of durable nature - The CESTAT observed that the term 'durable' encompasses the endurance capability of a product and is not solely based on its capacity for reuse. They observed that durability is a relative term and should be determined based on the materials used and the intended purpose of the product. Therefore, they opined that the issue needed to be re-examined by considering the factual matrix and technical literature. - Consequently, the Tribunal remanded the matter to the adjudicating authority for further consideration.

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