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TMI Blog2012 (12) TMI 468X X X X Extracts X X X X X X X X Extracts X X X X ..... ver of pre-deposit allowed - E/306-307/2012 - S/861-862/2012/WZB/AHD - Dated:- 22-5-2012 - S/Shri M.V. Ravindran, B.S.V. Murthy, JJ. REPRESENTED BY : S/Shri V. Sridharan, Sr. Advocate and Anand Nainawati, Advocate, for the Appellant. Shri S.K. Mall, AR, for the Respondent. [Order per : M.V. Ravindran, Member (J)]. These two Stay Petitions are filed for waiver of pre-deposit of amount of duty of Rs. 40,04,68,240/- along with interest and equivalent amount of penalty on the appellant company and penalty of Rs. 10 crore on the Jt. Managing Director of 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 No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he ground that the appellant had done backward integration and installed various other plants in the project, which became functional after 31-12-2005 and that the substantial investment made by them in the backward integrated plant was, in fact, to be done for setting up of the plant as envisaged in Notification No. 39/2001-C.E. 4. Ld. SDR, on the other hand, would submit that the benefit of Notification No. 39/2001-C.E. can be availed only if they are following the condition stipulated therein. It is his submission that the appellant had invested in the 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 substantial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecified in condition (i) above. (iii) Before effecting clearances under this notification, the manufacturer shall also furnish a declaration regarding the original value of investment in plant and machinery installed in the factory as on the date of commencement of commercial production, to the Assistant Commissioner or the Deputy Commissioner of Central Excise, as the case may be. (iv) The manufacturer shall also produce a certificate from the Committee confirming the 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Explanation I. For the purpose of this notification, - (i) a change in the name or in the nature of ownership or a change in location of an existing unit would not entitle anyone for treatment as a new industrial unit. (ii) the expression set up on or after the date of publication of this notification in the Official Gazette but not later than 21-12-2005 shall 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 un ..... X X X X Extracts X X X X X X X X Extracts X X X X
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