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    <title>2005 (9) TMI 583 - CESTAT, MUMBAI</title>
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    <description>Benefit of Rule 173H could not be denied merely because repaired transformers were not accompanied by the original duty-paying documents. The goods were old and damaged transformers received for repair with departmental intimation, and there was no dispute that duty-paid goods were received and later cleared after repair. In that setting, the original duty-paying documents were not decisive, and the substantive relief under the rule could not be refused on a technical defect. The denial of the benefit was therefore held unsustainable, with the issue decided in favour of the assessee.</description>
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    <pubDate>Thu, 22 Sep 2005 00:00:00 +0530</pubDate>
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      <title>2005 (9) TMI 583 - CESTAT, MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=122013</link>
      <description>Benefit of Rule 173H could not be denied merely because repaired transformers were not accompanied by the original duty-paying documents. The goods were old and damaged transformers received for repair with departmental intimation, and there was no dispute that duty-paid goods were received and later cleared after repair. In that setting, the original duty-paying documents were not decisive, and the substantive relief under the rule could not be refused on a technical defect. The denial of the benefit was therefore held unsustainable, with the issue decided in favour of the assessee.</description>
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      <pubDate>Thu, 22 Sep 2005 00:00:00 +0530</pubDate>
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