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2004 (10) TMI 39 - MADHYA PRADESH HIGH COURTDevelopment rebate on plant and machinery - "Whether Tribunal was justified in law in allowing the development rebate on plant and machinery for which agreement to supply was entered into on December 28, 1973?" - Obviously, date December 28, 1973, is subsequent to December 1, 1973. Whereas the requirement of section 16(c) is that the date of agreement must be before December 1, 1973 and not subsequent to December 1, 1973. In this view of the matter and under these circumstances, one of the essential conditions necessary for claiming development rebate provided in section 16(c) of the Finance Act is not satisfied and hence the assessee was not eligible/qualified to claim the benefit of development rebate by virtue of the notification dated May 28, 1971. – tribunal’s order is not sustainable
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