https://www.taxtmi.com/caselaws?id=204593 Exemption under Notification No. 49/03-C.E. was treated as available only to units in existence before 7 January 2003 that had undertaken substantial expansion by at least 25% on or after that date. On the material discussed, the appellants' letters, balance sheet, production figures, invoices and correspondence indicated that the expansion and modernisation project had begun earlier and was already underway before that cut-off date, so a complete prima facie waiver was not justified. The record also did not show present financial hardship sufficient to excuse pre-deposit. Partial relief was therefore granted by waiving interest and penalty and 40% of the duty, with deposit of 60% of the duty ordered. en-us Mon, 30 Aug 2010 00:00:00 +0530 Tue, 05 Jul 2011 17:12:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=204593 Exemption under Notification No. 49/03-C.E. was treated as available only to units in existence before 7 January 2003 that had undertaken substantial expansion by at least 25% on or after that date. On the material discussed, the appellants' letters, balance sheet, production figures, invoices and correspondence indicated that the expansion and modernisation project had begun earlier and was already underway before that cut-off date, so a complete prima facie waiver was not justified. The record also did not show present financial hardship sufficient to excuse pre-deposit. Partial relief was therefore granted by waiving interest and penalty and 40% of the duty, with deposit of 60% of the duty ordered. Case-Laws Central Excise Mon, 30 Aug 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=204593