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    <title>2003 (12) TMI 370 - CESTAT, NEW DELHI</title>
    <link>https://www.taxtmi.com/caselaws?id=110277</link>
    <description>Entitlement to Notification No. 37/86-C.E. depended on proving that the cement had been removed from the factory on or before 31-3-1990, because the applicable excise treatment under Rule 9A turned on the date of removal. The claimant relied on loading and internal or railway-related records, but did not produce reliable evidence from the railway department, and the railway receipts on record were issued after 31-3-1990. As exemption was claimed, the burden lay on the claimant to strictly establish eligibility; where the evidence did not clearly prove removal before the cut-off date, the benefit could not be allowed. The exemption was denied, the duty demand was sustained, and the appeal was dismissed.</description>
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    <pubDate>Mon, 29 Dec 2003 00:00:00 +0530</pubDate>
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      <title>2003 (12) TMI 370 - CESTAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=110277</link>
      <description>Entitlement to Notification No. 37/86-C.E. depended on proving that the cement had been removed from the factory on or before 31-3-1990, because the applicable excise treatment under Rule 9A turned on the date of removal. The claimant relied on loading and internal or railway-related records, but did not produce reliable evidence from the railway department, and the railway receipts on record were issued after 31-3-1990. As exemption was claimed, the burden lay on the claimant to strictly establish eligibility; where the evidence did not clearly prove removal before the cut-off date, the benefit could not be allowed. The exemption was denied, the duty demand was sustained, and the appeal was dismissed.</description>
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      <pubDate>Mon, 29 Dec 2003 00:00:00 +0530</pubDate>
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