9911796707
TMI Blog2000 (2) TMI 402X X X X Extracts X X X X X X X X Extracts X X X X ..... rder per : V.K. Agrawal, Member (T)]. The issue involved in this appeal filed by M/s. Unitherm Inductoweld (India) Pvt. Ltd is whether the value of clearance of goods exported to Nepal under Bond is includible in the aggregate value of clearance for the purpose of Notification No. 3/93-C.E., dated 28-2-1993. 2. Shri R. Katiyar, Lerarned Advocate, submitted that the Appellants manufacture h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pecify the quantum of value of the clearances on which concessional rate is available; that explanation V is for the purpose of identifying the units eligible for the concession under Notification No. 1/93 i.e. to ascertain whether the value of clearances had not exceeded three hundred lakhs during the preceding financial year; that this intention is clearly available in the subsequent Notificatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fiscal enactment. 3. Countering the arguments, Shri Ashok Kumar, Learned D.R., submitted that the Explanation V to Notification is very clear in providing that the clearance for home consumption shall also include clearances for export to Bhutan or Nepal for the purpose of the Notification. He reiterated the findings of the Commissioner (Appeals) as contained in the Impugned Order. 4. We have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss language of Explanation V does not leave any doubt that the value of goods cleared for export to Bhutan or Nepal has to be included in the value of clearance home consumption. There is nothing in the notification to suggest that the Explanation V is for the purpose of identifying the unit eligible for the concession under Notification No. 1/93. As per Explanation V, as and when aggregate value ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
