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2009 (3) TMI 25 - CESTAT, NEW DELHITour Operator service – tax levied w.e.f. 1.9.97 till 19.7.98 and withdrawn from 18.7.98 - dispute relates to period 1.9.97 to 17.7.98 - denial of benefit of not. no. 40/97 in respect of amounts collected towards rent for accommodation, is not correct – claim that the tax on the portion of train ticket was leviable w.e.f. 16.8.2002 only - claim for benefit of not. no. 39/97 and cum-duty benefit also requires to be considered in light of evidence to be produced by appellant – matter remanded
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