TMI Blog1999 (6) TMI 105X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the following question of law purported to have arisen out of the Tribunal s Final Order No. A/210/97-NB, dated 8-4-1997 [1997 (94) E.L.T. 139 (Tribunal)] : 1. Whether the party have rightly paid duty under Notification Nos. 53/88 and 14/92 on plastic bottles and caps when Notification No. 217/86 was in force which granted full exemption to the products, bottles and caps, being captively co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court in this case. 3. Opposing the prayer, learned Counsel, Shri P. Sridhar submits that it has already been held by the Hon ble Supreme Court in the case of C.C.E., Baroda v. IPCL reported in 1997 (92) E.L.T. 13 that when there are two exemption Notifications which are applicable, the assessee is entitled to the benefit of that Notification which was more beneficial to it. He submits that on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notification which was more beneficial to it. Having read the judgment and order and heard learned counsel, we see no good reason to interfere with the judgment and order under appeal. The appeal is dismissed. No order as to costs. 5. From the above, it is not possible to ascertain as to what were the exemption Notifications to which the assessee was entitled and in the context of which Notific ..... X X X X Extracts X X X X X X X X Extracts X X X X
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