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TMI Blog2013 (12) TMI 84X X X X Extracts X X X X X X X X Extracts X X X X ..... tification No. 63/91-C.E. - The value of clearances of dutiable goods not entitled to exemption under Notification No. 202/88-C.E. are required to be included in the value of clearances during 1993-94. For determining eligibility of the small scale exemption value of clearances of 1992-93 were required to be taken into consideration - Small scale eligibility and payment of duty in a financial year is dependent upon the value of clearances of the preceding financial year as well as the quantum of clearances in the relevant financial year - the value of dutiable clearances up to 28-2-1994 was required to be taken into consideration for calculating the value of clearances and duty liability during the period 1-3-1994 to 31-3-1994, when the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e turnover. That Notification No. 1/93-C.E. clearly stipulates that turnover of the preceding financial year (1992-93) has to be taken into consideration and not the clearances from 1-4-1993 to 28-2-1994. 2. E/ROM/1011/2011 has been filed by the Revenue with respect to CESTAT s same order dated 5-5-2011/18-5-2011 on the following grounds : The respondent was using the ship breaking material as their raw material, which was exempted from payment of duty in terms of Notification No. 45/93-C.E., dated 28-2-1993, a show cause notice dated 29-4-1994 was issued to them proposing to deny the benefit of exemption Notification No. 202/88-C.E., dated 20-5-1988 and to confirm the duty of Rs. 11,63,337/- on the ground that, the ship breaking mater ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not eligible to exemption under Notification No. 202/88-C.E., dated 20-5-1988 as the ship breaking material was exempted under Notification No. 44/93-C.E., dated 28-2-1993. Before Notification No. 44/93-C.E. Notification No. 34/92-C.E., dated 1-3-1992 prescribed a rate of Rs. 1415/- PMT on the ship breaking therefore appellants were entitled to exemption under Notification No. 202/88-C.E. upto 20-5-1988 only and the value of such exempted goods were not includable in the value of clearances as per Explanation-II to Notification No. 1/93, dated 28-2-1993. However, for the period 1-11-1993 to 28-2-1994 exemption under Notification No. 202/88-C.E. was not admissible to appellant as a result of exemption Notification No. 44/93-C.E., dated 28-2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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