TMI Blog2015 (7) TMI 94X X X X Extracts X X X X X X X X Extracts X X X X ..... fact that this is a huge plant can be considered as one of the reasons resulting in delay in installation. The appellant has already given an undertaking that all the machineries would be installed by December 2015. Accordingly, we consider the request for extension of period upto December 2015 as genuine and bona fide and accept the same. The appellant would file quarterly reports with the concerned Customs and Central Excise officers indicating the machinery installed by them in the previous quarter and the officers would verify the appellant's claim regularly. - Decided in favour of assessee. - C/Stay/2459/2012, C/3379/2012-DB - - - Dated:- 5-1-2015 - Archana Wadhwa, Member (J) And B S V Murthy, Member (T),JJ. For the Appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nvisages Acid Recovery Plant as also Copper Recovery Plant and Neutralisation Plant. It is a huge project and installation of the various capital goods required time. However, he fairly agrees that though a part project stands installed by them, there is still much to be done. For explaining reason in delay for installing the capital goods, he submits that it is a Government of Kerala funded project and after having imported capital goods, there was delay in receiving further funds from the Government, which led in delay in installing the machines. On being questioned, he submits that they are in hope of getting the entire capital goods installed by December 2015 and accordingly, he prays for the time to be extended upto the said period for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taken into consideration, still appellant has not installed the machinery. 6. On a careful consideration of the issue involved, we find that notification in question does not restrict itself to the period for which extension can be granted for installation of the imported capital goods. The genuineness and bona fide of delay on the part of the assessee is required to be assessed from various circumstances available in a particular case. As already observed, the appellant is a Government of Kerala Undertaking and is primarily depending upon the funds to be provided by the Government. Further, the fact that this is a huge plant can be considered as one of the reasons resulting in delay in installation. The appellant has already given an un ..... X X X X Extracts X X X X X X X X Extracts X X X X
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