https://www.taxtmi.com/caselaws?id=80677 For small-scale exemption based on capital investment, machinery can be excluded only if it has been permanently removed from the unit or rendered incapable of use; mere non-use is insufficient. The Bisphenol plant and machinery remained installed and had been disclosed as part of the unit's product line, so its value had to be included in capital investment, defeating the exemption claim. Misleading valuation certificates and non-disclosure of the machinery supported a finding of suppression with intent to evade duty, so the extended limitation period applied and the demand was not time-barred. en-us Thu, 14 Jun 1990 00:00:00 +0530 Sat, 18 Jun 2011 15:04:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=80677 For small-scale exemption based on capital investment, machinery can be excluded only if it has been permanently removed from the unit or rendered incapable of use; mere non-use is insufficient. The Bisphenol plant and machinery remained installed and had been disclosed as part of the unit's product line, so its value had to be included in capital investment, defeating the exemption claim. Misleading valuation certificates and non-disclosure of the machinery supported a finding of suppression with intent to evade duty, so the extended limitation period applied and the demand was not time-barred. Case-Laws Central Excise Thu, 14 Jun 1990 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=80677