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Issues: Whether an existing industrial unit was entitled to the excise notification benefit for substantial expansion when the required 25% increase in installed capacity was achieved by installing new plant and machinery that replaced the old plant and machinery.
Analysis: The notification was read with the departmental clarification explaining that substantial expansion meant an increase in installed capacity of not less than 25% through installation of additional plant and machinery. The clarification did not confine the benefit to a mere addition of machinery while leaving the old machinery intact. If the new plant and machinery, though replacing the old set, resulted in the prescribed increase in installed capacity, the condition of substantial expansion stood satisfied.
Conclusion: The unit was held entitled to the benefit of the notification, and the departmental appeal failed.