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    <title>2020 (10) TMI 862 - CESTAT KOLKATA</title>
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    <description>Refund under Notification No. 33/99-CE could not be denied for delay where the assessee had satisfied the substantive eligibility condition of substantial expansion in installed capacity by at least 25%. The notification did not prescribe a separate limitation period for filing the refund claim, and the Tribunal followed the binding High Court ruling that procedural delay cannot defeat a beneficial exemption where basic eligibility is established. Filing duty-paid statements in RT-12 returns was treated as substantial compliance, and a separate refund application was held unnecessary. The prior Revenue decision was distinguished on facts, and the assessee was entitled to the refund.</description>
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      <description>Refund under Notification No. 33/99-CE could not be denied for delay where the assessee had satisfied the substantive eligibility condition of substantial expansion in installed capacity by at least 25%. The notification did not prescribe a separate limitation period for filing the refund claim, and the Tribunal followed the binding High Court ruling that procedural delay cannot defeat a beneficial exemption where basic eligibility is established. Filing duty-paid statements in RT-12 returns was treated as substantial compliance, and a separate refund application was held unnecessary. The prior Revenue decision was distinguished on facts, and the assessee was entitled to the refund.</description>
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