9911796707
TMI Blog1998 (5) TMI 112X X X X Extracts X X X X X X X X Extracts X X X X ..... Briefly stated the facts of the case are as follows. The appellants herein manufacture capacitors which were fully exempted from 1-3-1988 by Notification No. 74/85-C.E., dated 17-3-1985. Their clearance during the period 1987-88 during the financial year 1987-88 was 1.16 crores. The appellants claimed the benefit of Notification 175/86 with effect from 1-4-1988 when duty was imposed on the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the goods which were fully exempted should not be taken into account as per Explanation II to the said Notification. For appreciation of the said contention, we reproduce Para 3 of the said notification as also the Explanation II thereof. Para 3 - Nothing contained in this notification shall apply if the aggregate value of clearances of all excisable goods for home consumption - (a) by a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Revenue. He has reiterated the findings of the lower authorities that Explanation II will be applicable in determining the aggregate value of the clearance for the purpose of computing exemption limits under Para 1. This will not apply to Para 3. He submits as held by the lower authorities that the computation of aggregate clearance in Para 3 which is eligibility para for the said notificati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enue s contention as set out above. 6. It is not disputed by the Revenue that prior to 1-3-1988 the Notification 74/85 exempted capacitors from the whole of the duty of excise. Therefore the appellant is right in his contention that for computing the aggregate value of clearance for the preceding financial year i.e. 1987-88 clearance under Notification No. 74/85 in the said financial year should ..... X X X X Extracts X X X X X X X X Extracts X X X X
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