9911796707
TMI Blog2012 (12) TMI 468X X X X Extracts X X X X X X X X Extracts X X X X ..... the company. 2. The above said amounts have been confirmed and the penalties have been imposed on the ground that the appellant company had availed ineligible benefit of Notification No. 39/2001-C.E., dated 31-7-2001. 3. Ld. Sr. Counsel appearing on behalf of the appellants, would draw our attention to the said Notification No. 39/2001 and take us through the entire notification. Subsequently, he would also take us through the Order-in-Original and related documents in the appeal filed. It is his submission that the appellant had complied with the condition of said Notification No. 39/2001 in toto, in as much as they have produced a certificate from a Committee consisting of the Chief Commissioner of Central Excise, Ahmedabad an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... project and had, in the balance sheet, categorically admitted that the project went into commercial production from 2007. It is his submission that the appellant had invested substantially and had put up the entire project which would indicate that the unit has been set up only after 31-12-2005, thereby the entitlement of Notification No. 39/2001 is correctly denied. He would also draw our attention to the findings recorded by adjudicating authority. 5. We have considered the submissions made at length by both sides and perused the records. The issue involved in the Stay Petitions is that whether the appellants have complied with the condition of Notification No. 39/2001 and more specifically condition No. 3 of the said notification i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he original value of investment and such a certificate shall be produced within a period of one month from the date of commencement of commercial production, or such extended period as the said Assistant Commissioner or Deputy Commissioner may allow. (v) In case on the basis of such certification, or otherwise, the original value of investment in plant and machinery, (a) is found to be less than Rs. 20 crore but was declared to be Rs. 20 crore or more, the manufacturer shall be liable to pay back the entire amount of duty exemption availed under the notification along with interest @ 24% per annum as if no exemption were available; or (b) is found to be less than the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hall mean that, - (a) any civil construction work on its factory premises and any installation of plant and machinery therein commences only on or after the date of publication of this notification in the Official Gazette; and (b) the said civil construction work on its factory premises and installation of plant and machinery therein is completed, and the unit starts commercial production, not later than 31-12-2005. (iii) the expression "aggregate value of clearances" shall mean the total value of clearances of excisable goods, whatsoever, from the unit in each year but shall not include goods cleared for use in the manufacture of other excisable goods in the same unit." ..... X X X X Extracts X X X X X X X X Extracts X X X X
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