TMI Blog1997 (6) TMI 94X X X X Extracts X X X X X X X X Extracts X X X X ..... . [Order per : G.R. Sharma, Member (T)]. The facts of the case in brief are that the respondents are engaged in the manufacture of black tea as also in the manufacture of package tea. During the relevant period there was a Notification No. 217/86, dated 2-4-1986 under which tea manufactured in a factory and used within the factory of production, in or in relation to the manufacture of fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he respondents submitted that the term used is within the factory of production which refers to the factory of package tea and not to the factory where black tea is produced and therefore the benefit of Notification No. 217/86 was applicable to them. 2. On the question of taking of benefit of Notification No. 193/86, the contention of the assessee was that the word used in the notifications wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the entire dispute centred round whether the Notification No. 217/86 is applicable to both black tea and package tea manufactured in the same factory or in two different factories of the same owner. A careful reading of the Notification No. 217/86 shows that the terms are manufactured in a factory and used within a factory of production . In the instant case, if the contention of the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X
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