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    <title>2002 (4) TMI 838 - CEGAT, NEW DELHI</title>
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    <description>Receipt of an adjudication order by an assessee&#039;s employee is treated as receipt by the assessee for limitation purposes, so an appeal filed beyond the prescribed period was rightly held time-barred where no timely condonation was sought. In a Modvat dispute, entitlement to credit depended on the classification of the final product: if the product attracted duty, credit could be available, but if it fell under a nil-duty classification, Rule 57C(1) would bar credit. The classification issue was therefore foundational and had to be decided first; the connected credit matter should not be finally disposed of before that determination.</description>
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      <title>2002 (4) TMI 838 - CEGAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=107076</link>
      <description>Receipt of an adjudication order by an assessee&#039;s employee is treated as receipt by the assessee for limitation purposes, so an appeal filed beyond the prescribed period was rightly held time-barred where no timely condonation was sought. In a Modvat dispute, entitlement to credit depended on the classification of the final product: if the product attracted duty, credit could be available, but if it fell under a nil-duty classification, Rule 57C(1) would bar credit. The classification issue was therefore foundational and had to be decided first; the connected credit matter should not be finally disposed of before that determination.</description>
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