https://www.taxtmi.com/caselaws?id=41664 Refund received because the assessee was found not liable to pay the amount under an appellate tribunal order could not be treated as profit for computing clearance value, and had to be excluded from the relevant financial year's calculation. For exemption eligibility under the notification, only the value of plant and machinery actually installed in the industrial unit could be counted; machinery purchased but not installed could not be included. On that basis, the assessee remained entitled to the exemption and refund relief, and the authority was required to recalculate the refund accordingly. en-us Wed, 27 Mar 1985 00:00:00 +0530 Sat, 05 Jun 2010 12:09:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=41664 Refund received because the assessee was found not liable to pay the amount under an appellate tribunal order could not be treated as profit for computing clearance value, and had to be excluded from the relevant financial year's calculation. For exemption eligibility under the notification, only the value of plant and machinery actually installed in the industrial unit could be counted; machinery purchased but not installed could not be included. On that basis, the assessee remained entitled to the exemption and refund relief, and the authority was required to recalculate the refund accordingly. Case-Laws Central Excise Wed, 27 Mar 1985 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=41664