9911796707
TMI Blog1996 (5) TMI 276X X X X Extracts X X X X X X X X Extracts X X X X ..... ati, Member (T)]. The issue in the appeal relates to eligibility to the benefit of Notification No. 175/86 during the period 1-3-1986 to 24-3-1986. The Collector (Appeals) in his order has held that the benefit of exemption Notification No. 175/86 would not be available during the month of March, 1986 for the reason that this month fell within the financial year 1985-86. 2. The Managing Di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... habad in the case of M/s. Prakash Security Devices v. U.O.I. reported in 1989 (43) E.L.T. 633 has been cited by the Member who has written an assenting order has abstracted the following paras :- Para 2 - As stated earlier clearances upto Rs. 20 lakhs were exempt under Notification No. 77 of 1985. On 1st March Notification No. 175/86 was issued reducing exemption limit to Rs. 7.5 lakhs only. Bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was liable to pay duty. Para 3 - Although this notification was issued on 25th March, 1986 but it having allowed exemption to clearances upto Rs. 20 lakhs between 1st day of April, 1985 to 31st March, 1986 it applied retrospectively and results in rescinding of Notification No. 175/86 to the extent it was in conflict with it. Therefore, exemption was available to the petitioner on its clearance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rlapping, the Member who wrote the first order has entered a clear finding that Notification No. 175/86 will not take effect from 1-3-1986. It has therefore to be presumed that this finding has been agree to while holding that the benefit of Notification No. 212/86 would be available for the whole of the month. In that view of the matter, notwithstanding our personal views, we hold that the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X
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