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THE COMMISSIONER, CGST AND CENTRAL EXCISE vs. WELSPUN INDIA LTD.
(Gujarat High Court)

Hon'ble Judges:

J.B.PARDIWALA
BHARGAV D. KARIA
Pet. Counsel
Ankit Shah
Res. Counsel
Hardik P Modh

Petitioner / Applicant

THE COMMISSIONER, CGST AND CENTRAL EXCISE

Respondent WELSPUN INDIA LTD.
Court Gujarat High Court
State

Gujrat

Date Feb 6, 2020
Order No.

R/TAX APPEAL NO. 776 of 2019

Citation

2020(2) TAXREPLY 1418
Original Order
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ORDER

1. This Tax Appeal under Section 35G of the Central Excise Act, 1944 (for short the “Act 1944”) is at the instance of the Revenue and is directed against the order dated 02.01.2019 passed by the Customs, Excise & Service Tax Appellate Tribunal, West Zone Bench at Ahmedabad (for short 'CESTAT') in Appeal No.E/12885/2013DB. 2. The following issues have been raised for the consideration of this Court. “7A). Whether the appellant has rightly claimed benefit of Exemption Notification No. 39/2001-CE dated 31.07.2001 (as Amended from time to time) in respect of goods that said to have manufactured on such plant and machineries that were installed after cut off date 31.12.2005? b. Whether the expansion of the unit after cut-off date 31.12.2005 does restrict the appellant to avail the benefit of Exemption Notification No.39/2001-CE? C. Whether the larger period of limitation is invokable in the facts of the present case?” 3. Thus, havin....

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