Revival of sick EOU units: extension of NFE timelines and asset-transfer or takeover options to facilitate continuity. Framework permits revival of sick EOU units via a revival package to the Board of Approval, allowing extension of the period for fulfillment of NFE obligations up to five years and carry-forward of unutilized raw materials and capital goods at original value, with corresponding revision of the LUT. The Board may approve transfer or takeover of assets and liabilities; transferred inputs are treated as domestically sourced for the acquiring EOU's NFE. Rental liabilities persist but pass to an acquiring unit on undertaking, with no penal interest for pre-takeover closure; adjudication under the FTDR Act remains in abeyance if revival/takeover is approved.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Revival of sick EOU units: extension of NFE timelines and asset-transfer or takeover options to facilitate continuity.
Framework permits revival of sick EOU units via a revival package to the Board of Approval, allowing extension of the period for fulfillment of NFE obligations up to five years and carry-forward of unutilized raw materials and capital goods at original value, with corresponding revision of the LUT. The Board may approve transfer or takeover of assets and liabilities; transferred inputs are treated as domestically sourced for the acquiring EOU's NFE. Rental liabilities persist but pass to an acquiring unit on undertaking, with no penal interest for pre-takeover closure; adjudication under the FTDR Act remains in abeyance if revival/takeover is approved.
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