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2022 (10) TMI 263 - AT - Central ExciseArea Based Exemption - exemption from the whole of the duty of excise in regard to goods manufactured in specified areas in the States of Uttarakhand and Himachal Pradesh - date of change of ownership of the ‘unit’ - date of filing of intimation by the appellant and required verification of these dates - N/N. 50/2003–CE dated 10.06.20032 - HELD THAT:- The exemption under the notification is qua the unit and an eligible unit can add new products, new plant and machinery and can also transfer the unit to a new owner without affecting the exemption. The provisions of the notification do not place a bar or restriction on any addition/modification in the plant or machinery or on the production of new products by an eligible unit after the cut-off date and during the exemption period of ten years as per the notification - The appellant could have exercised option for availing the benefit of the notification even after the sunset clause. Sunset clause is only relevant for the purpose of eligibility and there is no bar for filing the declaration after the sunset clause. This is clear from the TRU letter dated 26.04.2012. It is seen that the appellant had purchased the entire unit, as is clear from the MOU itself. The agreement was for the transfer of the entire industrial property for a total consideration of 59,45,000/- which comprised plant and machinery also. Part of the said total consideration of Rs. 29,45,000/- related to sheds, for which the sale deed dated 14.08.2013 was executed and part comprised lease of land for which the lease deed of Rs. 29,26,376/- was executed. The balance amount was for plant and machinery. The appellant paid this entire amount of Rs. 59,45,000/- from its bank account, which is supported by the Certificate of the auditor certifying payment of entire amount as agreed - even the findings recorded by the Commissioner (Appeals) on reasons, other than the reason on which a finding was required to be given, are factually incorrect and against the terms of the notifications and the Circular. The denial of exemption to the appellant under the notification for these reasons cannot also be sustained. Once it is held that the appellant is entitled to claim exemption under the notification, all the three appeals deserve to be allowed as this is the core issue on which relief has been denied to the appellant in all the three appeals. Application disposed off.
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