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    <title>2009 (11) TMI 447 - CESTAT, NEW DELHI</title>
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    <description>Notification No. 14/2002-C.E. was construed strictly as an exemption provision, so its benefit required actual payment of duty on the textile yarn or fabric and was not available where the inputs were nil-rated or otherwise not duty paid. Explanation II was treated as a limited deeming fiction that only dispensed with documentary proof of payment; it did not create a presumption that duty had in fact been paid. On that construction, the exemption was denied for non-duty-paid inputs, while penalties imposed by the lower authorities were set aside because the dispute turned on interpretation of the notification.</description>
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      <link>https://www.taxtmi.com/caselaws?id=77918</link>
      <description>Notification No. 14/2002-C.E. was construed strictly as an exemption provision, so its benefit required actual payment of duty on the textile yarn or fabric and was not available where the inputs were nil-rated or otherwise not duty paid. Explanation II was treated as a limited deeming fiction that only dispensed with documentary proof of payment; it did not create a presumption that duty had in fact been paid. On that construction, the exemption was denied for non-duty-paid inputs, while penalties imposed by the lower authorities were set aside because the dispute turned on interpretation of the notification.</description>
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