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    <title>2008 (5) TMI 177 - CESTAT KOLKATA</title>
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    <description>Substantial expansion under Notification No. 33/99-C.E. was treated as satisfied where the evidence showed an overall installed capacity increase exceeding 40%, even though expansion was not uniform across every department and production had not increased. The Ministry&#039;s circular clarified that substantial expansion need not occur in every section of a unit, and the Chartered Engineer&#039;s certificate was accepted to compare pre-expansion and post-expansion capacities across departments. The lowest-capacity department was treated as the bottleneck for assessing overall installed capacity. On that basis, the respondent remained entitled to the exemption.</description>
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    <pubDate>Mon, 12 May 2008 00:00:00 +0530</pubDate>
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      <title>2008 (5) TMI 177 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=31324</link>
      <description>Substantial expansion under Notification No. 33/99-C.E. was treated as satisfied where the evidence showed an overall installed capacity increase exceeding 40%, even though expansion was not uniform across every department and production had not increased. The Ministry&#039;s circular clarified that substantial expansion need not occur in every section of a unit, and the Chartered Engineer&#039;s certificate was accepted to compare pre-expansion and post-expansion capacities across departments. The lowest-capacity department was treated as the bottleneck for assessing overall installed capacity. On that basis, the respondent remained entitled to the exemption.</description>
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      <pubDate>Mon, 12 May 2008 00:00:00 +0530</pubDate>
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