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    <title>2010 (4) TMI 1001 - ALLAHABAD HIGH COURT</title>
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    <description>For exemption under the 1997 notification, the relevant unit is the industrial undertaking as a whole, not each factory in isolation, and authorities must apply earlier binding directions in their true spirit. Cumulative additional fixed capital investment during the notified period could not be fragmented factory-wise or commodity-wise to restrict eligibility, and the chartered accountant&#039;s certificate and inspection materials had to be considered accordingly. Benefits could not be denied merely because the output included expanded alcohol products, waste products, by-products or captive power, where investment and production increase were established within the relevant period. The disallowance was therefore unsustainable and the assessee was entitled to the eligibility certificate and consequential rebate benefits.</description>
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    <pubDate>Wed, 21 Apr 2010 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=164446</link>
      <description>For exemption under the 1997 notification, the relevant unit is the industrial undertaking as a whole, not each factory in isolation, and authorities must apply earlier binding directions in their true spirit. Cumulative additional fixed capital investment during the notified period could not be fragmented factory-wise or commodity-wise to restrict eligibility, and the chartered accountant&#039;s certificate and inspection materials had to be considered accordingly. Benefits could not be denied merely because the output included expanded alcohol products, waste products, by-products or captive power, where investment and production increase were established within the relevant period. The disallowance was therefore unsustainable and the assessee was entitled to the eligibility certificate and consequential rebate benefits.</description>
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