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    <title>2016 (8) TMI 626 - CESTAT CHANDIGARH</title>
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    <description>Where two exemption notifications operate in parallel, an assessee may choose the more beneficial one, and failure to immediately intimate the department does not by itself forfeit that choice. Notification No. 15/2009 was effective from 07.07.2009, so the respondent was entitled to claim its benefit from that date despite earlier availing Notification No. 5/2006-CE. The record showed duty payment and clearances under the later notification, and the Revenue had accepted those clearances. Applying the principle in Share Medical Care, the benefit of Notification No. 15/2009 could not be denied from its commencement date.</description>
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      <link>https://www.taxtmi.com/caselaws?id=331242</link>
      <description>Where two exemption notifications operate in parallel, an assessee may choose the more beneficial one, and failure to immediately intimate the department does not by itself forfeit that choice. Notification No. 15/2009 was effective from 07.07.2009, so the respondent was entitled to claim its benefit from that date despite earlier availing Notification No. 5/2006-CE. The record showed duty payment and clearances under the later notification, and the Revenue had accepted those clearances. Applying the principle in Share Medical Care, the benefit of Notification No. 15/2009 could not be denied from its commencement date.</description>
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