9911796707
TMI Blog1998 (5) TMI 165X X X X Extracts X X X X X X X X Extracts X X X X ..... the extent of Rs. 16,93,385.00 as on 1-4-1984. The Balance Sheet further showed that they had added machineries valued at Rs. 9,21,531.85, thereby the total value of plant and machinery installed by them in their factory at `Lathikata and at site, was more than Rs. 20.00 lakhs. 2. Show cause notice dated 2-2-1990 was issued by the Revenue to the appellant firm as to why the benefit of Notification No. 77/85-C.E. be not denied to them inasmuch as the investment in plant and machinery had exceeded Rs. 20.00 lakhs. The appellant firm replied to the show cause notice. But the adjudicating authority was not able to take that reply into account before he passed the order. 3. On appeal to the Tribunal, the matter was remanded with the direct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he capital investment in plant and machinery installed at Angul for executing the contract-work undertaken by them. If that capital investment is excluded, it is well within the figures of Rs. 20.00 lakhs, as is apparent from the Table recorded in the impugned order at page 7 thereof. He, therefore, submits that the impugned order be set aside on this point alone, apart from the other pleas that he has to make. 7. Opposing the contentions, learned SDR, Shri T. Premkumar submits that the industrial unit of the appellant firm is only at `Lathikata . There was no industrial unit at Angul. The figures in the balance sheet in the plant and machinery have been relied upon by the Revenue. The plant and machinery does not disclose any break-up of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ook into the contention of the appellant firm and find out the truth or otherwise of the same. From a reading of the impugned order, we further observe that the adjudicating authority appears to accept the installation of machinery in the appellant s factory at Angul in the premises of NALCO. This is clear from the following observations of the adjudicating authority :- Now let me examine the question relating to inclusion of cost of machinery used in their Angul factory..... 10. Looking into the Notification No. 77/85 it becomes clear that it is the capital investment in plant and machinery of an industrial unit which is required to be seen for the purpose of granting an exemption. If a manufacturer has more than one industrial unit, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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