Condonation of refiling delay refused where repeated defects, lack of diligence and vague explanations defeated the appeal against resolution plan app...
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The HC dismissed the writ petition, holding that the petitioner, having previously availed full excise exemption under Clause 5(a) as a new unit, cannot claim further exemption under Clause 5(b) for a subsequent substantial expansion within the ten-year period; an existing unit's expansion relief (triggered only for expansion of not less than 25% of fixed capital) is distinct from the full-investment benefit accorded to a new unit, and the two benefits cannot be compounded. The court rejected a promissory-estoppel plea, noting the petitioner received the notified benefit and that fiscal exemption notifications are to be strictly construed in favour of revenue; no interference was warranted.
The HC dismissed the writ petition, holding that the petitioner, having previously availed full excise exemption under Clause 5(a) as a new unit, cannot claim further exemption under Clause 5(b) for a subsequent substantial expansion within the ten-year period; an existing unit's expansion relief (triggered only for expansion of not less than 25% of fixed capital) is distinct from the full-investment benefit accorded to a new unit, and the two benefits cannot be compounded. The court rejected a promissory-estoppel plea, noting the petitioner received the notified benefit and that fiscal exemption notifications are to be strictly construed in favour of revenue; no interference was warranted.
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