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    <title>2009 (8) TMI 979 - CESTAT AHMEDABAD</title>
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    <description>An area-based exemption under Notification No. 39/2001 remains available where the unit was set up within the stipulated period, the required plant and machinery were installed, and commercial production commenced by 31-12-2005. Later manufacture of additional or disputed products does not, by itself, forfeit the benefit if those products were made using the same plant and machinery already installed and put to use within time. The operative test is timely compliance with the notification&#039;s conditions, not a later change in product mix. The exemption is therefore preserved where the original industrial unit met the prescribed time-based requirements and continued operations on the same machinery.</description>
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      <title>2009 (8) TMI 979 - CESTAT AHMEDABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=151759</link>
      <description>An area-based exemption under Notification No. 39/2001 remains available where the unit was set up within the stipulated period, the required plant and machinery were installed, and commercial production commenced by 31-12-2005. Later manufacture of additional or disputed products does not, by itself, forfeit the benefit if those products were made using the same plant and machinery already installed and put to use within time. The operative test is timely compliance with the notification&#039;s conditions, not a later change in product mix. The exemption is therefore preserved where the original industrial unit met the prescribed time-based requirements and continued operations on the same machinery.</description>
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