Production threshold requirement limits concessional excise relief to years meeting the minimum output; provisional assessment and refund follow. The notifications grant concessional excise rates only where, in the financial year for which exemption is claimed, a cement factory's production attains the prescribed minimum of its annual licensed capacity; if production in that year falls below the threshold the unit cannot claim the benefit for that year. Assessments may be provisional until the threshold is met and refunds for past clearances are payable once eligibility is established. The Board interprets 'any financial year' to mean the particular year claimed, and the condition was subsequently withdrawn by later notifications.
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.
Production threshold requirement limits concessional excise relief to years meeting the minimum output; provisional assessment and refund follow.
The notifications grant concessional excise rates only where, in the financial year for which exemption is claimed, a cement factory's production attains the prescribed minimum of its annual licensed capacity; if production in that year falls below the threshold the unit cannot claim the benefit for that year. Assessments may be provisional until the threshold is met and refunds for past clearances are payable once eligibility is established. The Board interprets "any financial year" to mean the particular year claimed, and the condition was subsequently withdrawn by later notifications.
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