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    <title>2018 (5) TMI 10 - CESTAT NEW DELHI</title>
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    <description>An exemption under Notification No. 50/2003-C.E. could not be denied merely because an old installation declaration was not produced after many years, where the assessee had been continuously granted the area-based exemption and the department had accepted it year after year without objection. The tax authority could not rely on its own omission or inaction to withdraw the benefit on a stale procedural ground. The demand was therefore held unsustainable, the duty-confirming order was set aside, and the appeal was allowed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=359446</link>
      <description>An exemption under Notification No. 50/2003-C.E. could not be denied merely because an old installation declaration was not produced after many years, where the assessee had been continuously granted the area-based exemption and the department had accepted it year after year without objection. The tax authority could not rely on its own omission or inaction to withdraw the benefit on a stale procedural ground. The demand was therefore held unsustainable, the duty-confirming order was set aside, and the appeal was allowed.</description>
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