Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2016 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (10) TMI 382 - AT - Central ExciseDenial of area based exemption - non-fulfillment of conditions mentioned in the notification - N/N. 50/03-CE dated 1.10.2003 - acquisition of M/s.Stanley Controls a manufacturing unit located at Solan district in Himachal Pradesh - whether the denial of area based exemption to appellant is justified? Held that: - The capital goods available with the earlier unit are listed and transferred to the new premises. The nature of capital goods and the fact that they were installed in the new premises have been certified by the chartered engineer in performa Part I and Part II. In terms of Board's circular dated 22.12.2010, it is clear that the provision of the said notification do not place any bar or restriction on any addition/alteration in the plant or machinery or on the production of new product by an eligible unit after cutoff date during exemption period of 10 years as per notification. It is noted that if the exemption is extended to one unit, the change in its ownership would not jeopardize the admissibility of exemption for remaining part of the period. The guidelines have been issued with regard to the shifting of eligible unit to new location. No merit in the impugned order - appeal allowed - area based exemption granted to appellant - decided in favor of appellant.
|