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    <title>2002 (8) TMI 768 - CEGAT, MUMBAI</title>
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    <description>A conditional exemption notification linked to a financial year could not be used to deny concessional duty where the assessee was ineligible at the start of the year but became eligible later. The operative question was whether earlier payment of duty at the full rate prevented the assessee from claiming the exemption from the date eligibility arose. On the stated facts, the assessee sought the benefit only prospectively from that date, and retrospective operation of the amending notification was not in issue. The exclusion clause was therefore held inapplicable for the eligible period, and waiver of pre-deposit and stay of recovery were granted.</description>
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    <pubDate>Wed, 07 Aug 2002 00:00:00 +0530</pubDate>
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      <title>2002 (8) TMI 768 - CEGAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=108710</link>
      <description>A conditional exemption notification linked to a financial year could not be used to deny concessional duty where the assessee was ineligible at the start of the year but became eligible later. The operative question was whether earlier payment of duty at the full rate prevented the assessee from claiming the exemption from the date eligibility arose. On the stated facts, the assessee sought the benefit only prospectively from that date, and retrospective operation of the amending notification was not in issue. The exclusion clause was therefore held inapplicable for the eligible period, and waiver of pre-deposit and stay of recovery were granted.</description>
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      <pubDate>Wed, 07 Aug 2002 00:00:00 +0530</pubDate>
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