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Commnr. Of Customs (Import), Mumbai vs M/S. Dilip Kumar And Company on 30 July, 2018

In any case, even if it is to be taken as a case of ambiguity, notification dated 05.03.2003 being in the nature of concession clause, the same principle of interpretation as is applicable in the case of exemption clause, as laid down by the Constitution Bench of the Hon'ble Supreme Court in the case of Commissioner of Customs (Import), Mumbai Vs. Dilip Kumar and Company & Others (supra) has to be applied that in such a case, the benefit of doubt must be resolved in favour of the revenue and not in favour of the assessee. Thus, viewed from any angle, the respondent-Indus Tower Limited was not entitled to benefit of notification dated 05.03.2003 and claim of reduced rate of stamp duty in respect of lease deeds executed in its favour, is not tenable in law.
Supreme Court of India Cites 39 - Cited by 2183 - N V Ramana - Full Document
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