9911796707
TMI Blog2009 (7) TMI 966X X X X Extracts X X X X X X X X Extracts X X X X ..... DR, for the Respondent. [Order per : B.S.V. Murthy, Member (T)]. The appellant is engaged in the manufacture of Colour TV, Hi-Fi Music Systems, and Air Conditioners. They were paying duty at tariff rate on clearance of the Colour T.Vs. and were availing benefit of Notification of 8/99-C.E., dt. 28-2-99 on Hi Fi Music System and were availing benefit of Notification No. 10/99-C.E., dt. 28 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at for determining aggregate value of the clearance for home consumption, the clearances made under the notifications, which exempt goods on the basis of value or quantity have to be taken into account. Therefore, interpretation of the lower authorities that the appellants cannot claim separate exemption under both the notifications in a financial year, is not correct. He cites several decisions o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o Rs. 50 lakhs or Rs.30 lakhs as the case may be. In this connection, the observations of the Tribunal in Para 5 6 in case of K.F. Beltings are relevant and the same are reproduced below. 5. The distinction between the first clearances, next clearances etc. of the specified goods and aggregate value of clearances is very important for the administration of Notification No. 8/99, because, whil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... khs are not eligible for the exemption at all [Sl. No. (viii) under para 2] (the ceiling of Rs. 3 Crore clearance of all excisable goods is a threshold) and (ii) that exemption is available to the early clearances of specified goods in a financial year up to a value of Rs. 1 crore. The danger is clear if first clearances of otherwise exempted goods are taken into account for the purposes of exempt ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
