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Availability of benefit of exemption on goods on which an excise duty has been imposed after the expiry of sunset clause under area based exemption scheme - Regarding.

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....t : Availability of benefit of exemption on goods on which an excise duty has been imposed after the expiry of sunset clause under area based exemption scheme - Regarding. Board has received representations from trade and Industry seeking clarification on the issue of availability of excise duty exemption benefit under Notification No. 49/2003-C.E. and Notification No. 50/2003-C.E. both dated 10-....

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....set up or undertook substantial expansion within the prescribed time-limit, some field formations have denied them the benefit of exemption on the ground that they exercised the option after the sunset date and not at the time of commencement of commercial production. There is nothing in the language of the above provisions which lends support to this interpretation. The sunset clause is relevant ....

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....nt provision nowhere stipulates that such an option must be exercised before the sunset clause. Therefore it is also clarified that an eligible unit can exercise the option even after the sunset clause for the purpose of availing the benefit of the aforesaid exemption. For the goods on which an excise duty or a mandatory excise duty levy was imposed w.e.f. 1-3-2011, the benefit of exemption would ....