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    <title>2004 (8) TMI 455 - CESTAT, NEW DELHI</title>
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    <description>An assessee seeking permission to share supervision and establishment charges was entitled to the benefit from the date of its proper application where the competent authority did not pass a reasoned order rejecting the request. The department&#039;s reliance on a bare communication from an Assistant Commissioner could not substitute for a lawful speaking decision, particularly when a similarly placed unit had already been allowed the same benefit. On those facts, restricting permission to prospective effect had no valid basis, and the demand founded on that approach was unsustainable. The impugned orders were set aside and consequential relief followed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=112557</link>
      <description>An assessee seeking permission to share supervision and establishment charges was entitled to the benefit from the date of its proper application where the competent authority did not pass a reasoned order rejecting the request. The department&#039;s reliance on a bare communication from an Assistant Commissioner could not substitute for a lawful speaking decision, particularly when a similarly placed unit had already been allowed the same benefit. On those facts, restricting permission to prospective effect had no valid basis, and the demand founded on that approach was unsustainable. The impugned orders were set aside and consequential relief followed.</description>
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