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    <title>2018 (8) TMI 735 - CESTAT ALLAHABAD</title>
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    <description>Abatement under Notification No. 01/2006-ST could not be denied solely because consignment notes were not endorsed, where the transporters were undisputedly unregistered with the service tax department and there was no basis to say they had availed Cenvat credit. The endorsement requirement was treated as a procedural stipulation from administrative instruction, not an essential condition of the exemption. A procedural lapse could not defeat the substantive benefit when the underlying non-availment condition was satisfied, so the demand and penalty were set aside and consequential relief followed.</description>
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      <description>Abatement under Notification No. 01/2006-ST could not be denied solely because consignment notes were not endorsed, where the transporters were undisputedly unregistered with the service tax department and there was no basis to say they had availed Cenvat credit. The endorsement requirement was treated as a procedural stipulation from administrative instruction, not an essential condition of the exemption. A procedural lapse could not defeat the substantive benefit when the underlying non-availment condition was satisfied, so the demand and penalty were set aside and consequential relief followed.</description>
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      <pubDate>Wed, 18 Jul 2018 00:00:00 +0530</pubDate>
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