2006 (3) TMI 438

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..... Shri S. Das, DR, for the Respondent. [Order per : C.N.B. Nair, Member (T)]. - The duty demand has been made by denying the appellant the benefit of Notification No. 50/03, dated 10-6-2003. The requirement under that Notification was that the manufacturing unit should substantially expand its installed capacity. The claim of the applicant is that capacity has been expanded by 33%. (This claim .....

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..... pacity. 4. Relevant guideline issued by the Board may be noted. "Increase in installed capacity of an existing unit by not less than 25% should be the result of installation of additional plant and machinery. Any increase in the installed capacity by means other than installation of additional plant and machinery would not qualify for the benefit of exemption under substantial expansion." .....

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..... crease in installed capacity by not less than twenty five percent, on or after the 7th day of January, 2003." There is no mention about additional machinery. Expansion may be through modification/substitution of machinery. 6. In view of what is stated above, the stay petition is allowed and recovery stayed until disposal of the appeal. (Dictated and pronounced in open Court)
Case laws, .....

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