2015 (8) TMI 1000 - SCH - Central Excise

Denial of exemption claim - exemption under Notification No. 1/93 - whether the appellant-company a fully owned Government of Kerala Undertaking satisfy the definition of as belonging to or maintained by State Government in terms of the Explanation VIII of the Notification No. 1/93 dated 28-2-93 as amended - Supreme Court dismissed the appeal due to low tax effect. The appeal was filed by the Revenue against the decision of Tribunal 2003 (5) TMI 436 - CEGAT BANGALORE ; wherein Tribunal held that When 100% share capital of KSCDC is owned by the Kerala State Government though registered as a company under the Companies Act it is a fully owned State Government Undertaking satisfying the definition of as belonging to or maintained by State Government mentioned in Explanation VIII of Notification No 1/93 and thus two factories of the appellant are separately eligible for exemption under Notification No. 1/93.