Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
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CESTAT allowed the appeal, affirming that sub-contractors can claim excise duty exemption under N/N. 6/2006-CE for thermal power project supplies when the main contractor (ABB Limited) was awarded the contract through International Competitive Bidding. The tribunal determined that the appellant met all necessary conditions by supplying goods for NTPC's power project, with the main contractor having complied with certification requirements. Relying on precedent from a coordinate bench, the tribunal held that the exemption applies to sub-contractors when the primary contractual conditions are satisfied, thereby reversing the initial denial of duty exemption.
CESTAT allowed the appeal, affirming that sub-contractors can claim excise duty exemption under N/N. 6/2006-CE for thermal power project supplies when the main contractor (ABB Limited) was awarded the contract through International Competitive Bidding. The tribunal determined that the appellant met all necessary conditions by supplying goods for NTPC's power project, with the main contractor having complied with certification requirements. Relying on precedent from a coordinate bench, the tribunal held that the exemption applies to sub-contractors when the primary contractual conditions are satisfied, thereby reversing the initial denial of duty exemption.
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