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    <title>2007 (6) TMI 367 - CESTAT, KOLKATA</title>
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    <description>The Tribunal allowed the appeal, ruling in favor of the Appellants. It held that Section 11D of the Central Excise Act did not apply as the incentive claimed was separate from excise duty. The Tribunal also noted that the eligibility for benefits under Notification No. 130/83-C.E. was not determined by the Lower Appellate Authority but did not delve into this issue due to no adverse findings against the Appellants. The Tribunal found a Circular on sugar factories irrelevant as it did not pertain to the incentives in this case, ultimately setting aside the lower authority&#039;s decision and granting consequential benefits to the Appellants.</description>
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    <pubDate>Mon, 04 Jun 2007 00:00:00 +0530</pubDate>
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      <title>2007 (6) TMI 367 - CESTAT, KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=121893</link>
      <description>The Tribunal allowed the appeal, ruling in favor of the Appellants. It held that Section 11D of the Central Excise Act did not apply as the incentive claimed was separate from excise duty. The Tribunal also noted that the eligibility for benefits under Notification No. 130/83-C.E. was not determined by the Lower Appellate Authority but did not delve into this issue due to no adverse findings against the Appellants. The Tribunal found a Circular on sugar factories irrelevant as it did not pertain to the incentives in this case, ultimately setting aside the lower authority&#039;s decision and granting consequential benefits to the Appellants.</description>
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