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    <title>2018 (4) TMI 1088 - CESTAT CHANDIGARH</title>
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    <description>Where two exemption notifications were available on the same facts, the assessee could validly choose the notification under which refund was claimed, and that choice could not be denied merely because a later notification also applied. The Revenue&#039;s attempt to compel application of the later notification based on the date of commencement of commercial production was rejected, and no substantial question of fact or law was shown to disturb the finding. The assessee was therefore entitled to the benefit of Notification No. 56/2002-CE, and the Revenue&#039;s challenge failed.</description>
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      <description>Where two exemption notifications were available on the same facts, the assessee could validly choose the notification under which refund was claimed, and that choice could not be denied merely because a later notification also applied. The Revenue&#039;s attempt to compel application of the later notification based on the date of commencement of commercial production was rejected, and no substantial question of fact or law was shown to disturb the finding. The assessee was therefore entitled to the benefit of Notification No. 56/2002-CE, and the Revenue&#039;s challenge failed.</description>
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