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    <title>2015 (11) TMI 1339 - CESTAT NEW DELHI</title>
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    <description>Under Notification No. 50/03-CE, the sunset clause was treated as governing unit eligibility rather than the date by which the option had to be exercised, so late filing of the declaration did not by itself defeat exemption. However, the written option requirement remained substantive: because the manufacturer had to exercise the option before first clearance, exemption operated only from the date of filing and could not relate back to the earlier production period. The filing was relevant to verify eligibility and prevent misuse, and relief was therefore confined to prospective operation from the declaration date.</description>
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      <description>Under Notification No. 50/03-CE, the sunset clause was treated as governing unit eligibility rather than the date by which the option had to be exercised, so late filing of the declaration did not by itself defeat exemption. However, the written option requirement remained substantive: because the manufacturer had to exercise the option before first clearance, exemption operated only from the date of filing and could not relate back to the earlier production period. The filing was relevant to verify eligibility and prevent misuse, and relief was therefore confined to prospective operation from the declaration date.</description>
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