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    <title>2011 (7) TMI 702 - ALLAHABAD HIGH COURT</title>
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    <description>Procedural conditions under Rule 96ZO(2) of the Central Excise Rules, read with Section 3A(3) of the Central Excise Act, were treated as directory rather than mandatory for claiming abatement. The court accepted that substantial compliance could suffice where non-observance was technical, reasonably explained, and did not promote fraud or cause administrative inconvenience. It also held that the phrase requiring fulfilment of conditions did not demand literal satisfaction of every procedural step in all cases. On that basis, abatement remained available on substantial compliance, and the reference application was rejected.</description>
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      <link>https://www.taxtmi.com/caselaws?id=210729</link>
      <description>Procedural conditions under Rule 96ZO(2) of the Central Excise Rules, read with Section 3A(3) of the Central Excise Act, were treated as directory rather than mandatory for claiming abatement. The court accepted that substantial compliance could suffice where non-observance was technical, reasonably explained, and did not promote fraud or cause administrative inconvenience. It also held that the phrase requiring fulfilment of conditions did not demand literal satisfaction of every procedural step in all cases. On that basis, abatement remained available on substantial compliance, and the reference application was rejected.</description>
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