2012 (6) TMI 351

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..... ear, this was together with and along side the existing plant and machinery in the same unit at the same site and without any change in the administrative or business set up - the assessee had not set up a separate or identifiable new unit satisfying required conditions for the grant of an exemption - in favour of assessee. - - - - - Dated:- 3-2-2012 - CHANDRACHUD D. Y. DR., SANKLECHA M. S., JJ .....

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..... 85 lakhs and in respect of its Achhad unit at Rs. 74.55 lakhs. The Assessing Officer rejected the claim of the assessee on the ground that the assessee had not fulfilled the required conditions for the grant of an exemption. The Commissioner (Appeals) held that the assessee had installed plant and machinery worth Rs. 44.62 lakhs, which amounted to the setting up of a new industrial undertaking and .....

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..... 3. The submission of the Revenue is that by installing plant and machinery worth Rs. 44.62 lakhs, the assessee had commenced a new undertaking. There is a finding of fact to the contrary. The finding of the Tribunal is that though the assessee installed plant and machinery worth Rs. 44.62 lakhs during the course of the assessment year, this was together with and along side the existing plant and .....

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