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2019 (5) TMI 366 - CESTAT CHANDIGARHArea Based Exemption - extension of the unit or not - change of the ownership of the unit - benefit of N/N. 50/2003-CE dated 10.06.2003 - HELD THAT:- It is a fact on record that M/s SMI has stopped their production and the registration was surrendered on 17.06.2004. It is also a fact on record that the respondent purchased the machinery from M/s SMI. Although 71% shares have been held by the proprietor of M/s SMI, that does not mean the proprietor of M/s SMI and the respondent are one and same thing. In fact, the respondent is a private limited company and a director and company are two separate legal entities; therefore, it cannot be said that the respondent is an extension of M/s SMI. Moreover, the respondent had applied to the Department of Industries and commencement of commercial production certificate has already been issued to them, which shows that the respondent is a new industrial unit and qualifies the conditions of the notification 50/2003-CE dt. 10.06.2003 to avail the benefit of exemption notification. Benefit of notification rightly allowed - appeal dismissed - decided against Revenue.
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