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TMI Blog2019 (9) TMI 1371X X X X Extracts X X X X X X X X Extracts X X X X ..... capacity w.e.f. 22.08.2014 - HELD THAT:- The respondent has undertaken substantial expansion by way of increase by not less than 25% of the value of fixed capital investment in plant and machinery for the purpose of expansion of capacity and have commercial production for such expansive capacity on or after 06.02.2010. The Notification simply provides that if unit is in existence before 06.02.2010 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PER ASHOK JINDAL: The Revenue is in appeal against the impugned order, wherein the authorities below have allowed the benefit of exemption under Notification No. 01/2010-CE dt. 06.02.2010 to the respondent. 2. The facts of the case are that the respondent is engaged in the manufacture of LD, HM and PP Packing Materials. The respondent applied for the benefit of Notification No. 01 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent and after 08.05.2014, the respondent has not made any substantial expansion by way of investment not less than 25% in the capital goods; therefore, they are not entitled to avail the benefit under Notification No. 01/2010-CE dt. 06.02.2010. 3. Heard the ld. A.R. for the Revenue and also the ld. Counsel for the respondent. 4. We have gone through the terms of the Notification. As per cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al investment in plant and machinery for the purpose of expansion of capacity and have commercial production for such expansive capacity on or after 06.02.2010. The Notification simply provides that if unit is in existence before 06.02.2010 and have invested more than 25% in fixed capital and production as started after 06.02.2010, the assessee is entitled to avail the benefit of the said Notifica ..... X X X X Extracts X X X X X X X X Extracts X X X X
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