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2014 (6) TMI 935 - Commissioner - Central ExciseArea based exemption - new notification effect - Entitlement to avail area based exemption, under the new notification, by way of substantial expansion as already availing area based exemption, under the old notification - Held that:- As find that in terms of para 8 of the new notification, all industrial units existing prior to 6-2-2010, are entitled to the area based exemption under the new notification either on undertaking substantial expansion by way of increase by not less than 25% in the value of fixed capital investment in plant and machinery or on having made new investment, after 6-2-2010 which is directly attributable to generation of additional regular employment of not less than 25% over and above the base employment limit. Also find that legal provisions contained in para 8(b) of the new notification do not bar the admissibility of area based exemption to the existing industrial units which had earlier availed the area based exemption under the notification. Thus the existing Industrial units, after having availed area based exemption under the notification, are entitled to avail area based exemption, under the new notification, on fulfilment of required conditions of the new notification. Regarding admissibility of area based exemption to the appellants under the provisions of the new notification, find that the same is admissible to the existing industrial units provided they fulfill either of the one condition stipulated at para 8(b) of the new notification. As regards the condition of substantial expansion, by way of increase of not less than 25% in the value of fixed capital investment in plant and machinery, hold that the appellants have fulfilled the condition of substantial expansion, by way of increase of not less than 25% in the value of fixed capital investment in their plant & machinery, as such, they are eligible for area based exemption under the scheme of having undertaken substantial expansion by way of increase of over 25% in the value of fixed capital investment in plant & machinery, before the substantial expansion, in terms of the new notification. As regards admissibility of refund by way of self credit which the appellants have claimed and availed/utilized observe that though the appellants are entitled to refund of duty, by way of self credit, as they have fulfilled the conditions of substantial expansion contained in para 8(b) of the new notification However, they are entitled to refund of duty in terms of the value addition norms contained in para 2 of the new notification. Since, the amount of refund admissible to the appellants has not been quantified in the impugned orders, therefore, order that the adjudicating authority would quantify the amount of refund admissible to the appellants in accordance with para 2 of the new notification and convey the same to the appellants within 15 days of the receipt of this order. Also order that the refund over & above the admissible amount availed and utilized by the appellants, is liable for recovery along with interest
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