2003 (9) TMI 472 - AT - Central Excise

Summary

Issues Involved:
The appeal concerns the extension of benefits under Notification 33/99-C.E. to the respondents based on an increase in the installed capacity of their factory. The main issue raised by the Revenue is the consideration of the overall increase in capacity without specific regard to individual sections of the unit.

Summary of Judgment:

Issue 1: Extension of Notification Benefits
The appeal was filed by the Revenue against the order of the Commissioner (Appeals) extending benefits to the respondents under Notification 33/99-C.E. due to an overall increase in the installed capacity of the factory. The Revenue contended that the increase in capacity in each section should have been considered, not just the overall increase.

Issue 2: Interpretation of Notification Conditions
The Tribunal referred to a previous decision where it was held that the Notification does not require an increase in each section of the manufacturing unit but mandates an overall increase of 25% in the installed capacity. The Tribunal rejected the Revenue's appeal, emphasizing that the Notification focuses on the total capacity increase, not section-wise upgrades.

Conclusion:
The Tribunal, after considering the arguments and the previous decision, ruled in favor of the respondents, finding no merit in the Revenue's appeal and rejecting it accordingly. The judgment reaffirmed that the Notification's requirement is met by an overall increase in installed capacity, without the need for upgrades in each section of the manufacturing unit.