TMI Blog2016 (9) TMI 420X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 ci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order dated 25/04/2007 passed by the Commissioner (Appeals). The core issue in the present appeal is the benefit of Area Based Exemption under Notification dated 10.06.2003 provided in Uttarakhand. 2. The brief facts of the case are that the assessee is manufacturing MS Ingots at Kotdwar (Uttarakhand). 3. To avail the benefit of the Notification No. 50/03-CE dated 10/06/2003, the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order dated 24/5/2011 uphold the order passed by the Tribunal by observing 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. 5. Ld. Counsel for the respondents, dur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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