2002 (11) TMI 223

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....wa, Member (J)]. - After dispensing with the condition of pre-deposit of duty amount of Rs. 33,902/- (Rupees thirty three thousand nine hundred and two) and penalty of Rs. 5,000/- (Rupees five thousand) we take the appeal itself for final disposal with the consent of both the sides. 2. The short point involved in the present appeal is as to whether the appellants are entitled to avail the exemp....

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....iling the benefit of the same. With the start of the new financial year they availed the benefit of Notfn. No. 9/99 and filed the declaration on 9-4-99. He submits that late filing of declaration was only a procedural lapse on the part of the appellant and would not result in denial of substantive benefit, otherwise available to the appellants. He submits that inasmuch as it was a continuation of ....

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....avail the benefit, we are of the view that the said condition is only a procedural requirement, the contravention of which will not result in denial of substantive benefit of the exemption to the appellant. There is no dispute about the fact that the appellant had opted for exemption under the said notification by their declaration filed under Rule 173B vide their letter dt. 9-4-99, they would be ....