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    <title>2018 (1) TMI 1465 - CESTAT NEW DELHI</title>
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    <description>Notification No. 50/2003 required the assessee to exercise the option and file the declaration within the prescribed time for verification at the start of commercial production, and those conditions were treated as mandatory; retrospective extension of the exemption was therefore not permissible where the declaration was filed more than four years late, and the exemption claim was rejected. Separately, the Tribunal noted that Cenvat credit on duty paid during the relevant period could still be examined if the prescribed conditions were satisfied, so that aspect was remanded to the Original Authority for verification on merits.</description>
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      <link>https://www.taxtmi.com/caselaws?id=279052</link>
      <description>Notification No. 50/2003 required the assessee to exercise the option and file the declaration within the prescribed time for verification at the start of commercial production, and those conditions were treated as mandatory; retrospective extension of the exemption was therefore not permissible where the declaration was filed more than four years late, and the exemption claim was rejected. Separately, the Tribunal noted that Cenvat credit on duty paid during the relevant period could still be examined if the prescribed conditions were satisfied, so that aspect was remanded to the Original Authority for verification on merits.</description>
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