9911796707
TMI Blog1999 (2) TMI 337X X X X Extracts X X X X X X X X Extracts X X X X ..... in the month of October, 1996 but subsequently sold their Crimping machine SDS 3 to the assessee. 3. The old management i.e. M/s Pimtex Texturising P. Ltd., Surat were having two units viz. Pimtex Texturising P. Ltd., at Kim and another viz. M/s Pimtex Texturising P. Ltd. at Surat and both units were manufacturing Textured Yarn falling under Chapter Heading No. 5402.32 till the surrender of their Central Excise Registration. 4. In the financial year 1995-96, the aggregate value of clearance of the excisable good for home consumption of Kim and Surat units of M/s. Pimtex Texturising P. Ltd. crossed Rs. 300 Lakhs, and therefore after crossing the clearance value limit both units have discontinued to avail the benefit of concessional ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 85/- (BD Rs. 393468 and Addl. TTA Rs. 59077/-) for the period from November, 1996 to February-97 and Rs. 246369/- (BD Rs. 6,98,854/- should not be recovered from them under Rule 9(2), of Central Excise Rules, 1944 and under Section 11A of Central Excise penalty should not be imposed on them under Rule 209A of Central Excise Rules, 1944. 7. The said show cause notice was decided by the Assistant Commissioner, Central Excise, Div-IV, Surat vide above referred order-in-original. Relevant portion of the order is reproduced hereunder : The text of the Notification No. 1/93 as amended, I observed that in para 2 it is mentioned that the aggregate value of clearances of the specified goods for home consumption in a financial year, (a) by a m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this order the present appeal has been preferred. 9. A personal hearing was granted on 25-1-1999. Shri Tejas Joshi, Consultant and Shri P.K. Upadhyay, Consultant appeared before me, who reiterated the submissions made in the appeal. In addition to earlier submissions and evidences, they also submitted additional evidence viz. (1) Invoice (1st commercial invoices 28-11-1996) of M/s Pankil Textiles. (2) Rent deed of M/s. Pankil Textile. (3) Invoice of M/s. Pimtex (dated 25-9-1996) (for sale of machinery to M/s Pankil) (4) Resolution of M/s. Pimtex that the unit is sold to Bharatkumar Kapadia. (5) Sales Text CST registration of M/s. Pankil (6) Registration under shops and establishment. 10. Here the qu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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