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    <title>2005 (12) TMI 503 - CESTAT, NEW DELHI</title>
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    <description>Abatement under Rule 96ZP(2) could not be denied where continuous closure for at least seven days was otherwise established from the record and the defects were only clerical or bona fide procedural lapses. The text notes that objections such as use of opening balance instead of closing balance and absence of a formal declaration in the prescribed form did not go to the root of entitlement. It also records that the material for the later period was not meaningfully examined. On that basis, the rejection of the abatement claims was held unjustified, and the assessee was treated as entitled to abatement for both relevant years.</description>
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      <link>https://www.taxtmi.com/caselaws?id=119364</link>
      <description>Abatement under Rule 96ZP(2) could not be denied where continuous closure for at least seven days was otherwise established from the record and the defects were only clerical or bona fide procedural lapses. The text notes that objections such as use of opening balance instead of closing balance and absence of a formal declaration in the prescribed form did not go to the root of entitlement. It also records that the material for the later period was not meaningfully examined. On that basis, the rejection of the abatement claims was held unjustified, and the assessee was treated as entitled to abatement for both relevant years.</description>
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