business of manufacturing pollution control equipments. In order to upgrade its technology in these products, it has been its continuous endeavour to get the requisite ... product not hitherto manufactured by the assessee. But in essence, the technological upgradation is in the same line of activity.
37. This, of course
Supreme Court reads:
"Enforcement of the Rules and efforts to upgrade the technology relevant to the handling of
solid municipal waste is a perennial ... direction incidental to the purpose underlying the Rules such as upgradation of technology
wherever possible. All these matters can, in our opinion, be best left
trivial and inconsequential factum as in the automobile
industry, technology upgradation is constant and rapid. Gone are the days
when one or two manufacturers enjoyed ... keep up and upgrade would result in
product rejection and fall in sales. Persistent upgradation and cutting edge
technology is mandate and business requirement
business is of high end engineering services
with the use of specific technologies and huge research and
development expenditure along with R&D centre ... Engineers are trained about new
Software. The Company has undertaken continuously upgrading
technologies and also improving competence of Staff. Your
Company has employed highly trained
staff. In order to reduce the manpower employed due to technological upgradation undertaken by the RBI towards streamlining the work in general and focusing
assessee was also negotiating with the French company for obtaining upgraded technology. We are referring to all these facts only to show that the appellant
delete the addition on account of subsidy received on the
Technology Upgradation Fund (TUF). The Revenue's ground further states that
the ITAT order
better terms than what the scheme proposes.
It is pleaded that Technology Upgradation Charges/WTC should be
refunded back to the allottees or should
production or rendering of services, including those
necessary for replacement, modernisation,
technological upgradation, and expansion, and also
extends to machinery for packaging, power generating
sets ... goods or for
rendering services, including those required
for replacement, modernisation,
technological upgradation or expansion. It
also includes packaging machinery and
equipment, refractories for initial
amended several times to adapt to the technological upgradation emerging in road
transport, passenger and freight movement and in motor vehicle management. With rapidly increasing
