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    <title>2011 (3) TMI 1287 - CESTAT, MUMBAI</title>
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    <description>Presumption of due service was upheld where the hearing notice had been sent by speed post and reached the destination before the hearing date; an inward stamp alone, without affidavit or rebuttal evidence, was insufficient to displace that presumption, so recall on alleged non-service was rejected. On merits, the Tribunal found no prima facie case because the benefit for SEZ developers arose only from the amendment notified on 31-12-2008, while the relevant period predated that amendment; the earlier circular and amendment to Rule 6(6)(i) of the Cenvat Credit Rules, 2004 did not support recall for supplies made during that period.</description>
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      <title>2011 (3) TMI 1287 - CESTAT, MUMBAI</title>
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      <description>Presumption of due service was upheld where the hearing notice had been sent by speed post and reached the destination before the hearing date; an inward stamp alone, without affidavit or rebuttal evidence, was insufficient to displace that presumption, so recall on alleged non-service was rejected. On merits, the Tribunal found no prima facie case because the benefit for SEZ developers arose only from the amendment notified on 31-12-2008, while the relevant period predated that amendment; the earlier circular and amendment to Rule 6(6)(i) of the Cenvat Credit Rules, 2004 did not support recall for supplies made during that period.</description>
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