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2016 (9) TMI 420 - AT - Central ExciseArea Based Exemption - benefit under Notification No. 50/03-CE, dated 10.06.2003 - manufacture of MS Ingots at Kotdwar (Uttarakhand) - assessee made expansion for increase of production by 25% to avail benefit - entire old plant and machineries were replaced by new one - Held that:- the matter has already been considered and decided in favour of assessee by the Tribunal in the case pf Charu Steels Ltd. Vs. CCE, Meerut-I [2010 (2) TMI 446 - CESTAT NEW DELHI] for the subsequent assessment year wherein it was held that if the plants and machineries are in replacement of the old plant and machinery, but the object of increasing 25% capacity is achieved, then in terms of the said circular itself, the industry achieving the same would come within 4 corners of the notification dated 10/06/2003. The same was upheld by the High Court of Nainital in [2011 (5) TMI 137 - UTTARAKHAND HIGH COURT] and no further appeal has been filed against such order appearing the High Court Order as legal and proper. Therefore, no reasons found to interfere with the impugned order passed by the First Appellate Authority. - Decided against the Revenue
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