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TMI Blog2012 (9) TMI 864X X X X Extracts X X X X X X X X Extracts X X X X ..... earance of the goods - Held that:- two limits have been prescribed in the notification for the purpose of exemption. The upper limit is the value addition as prescribed in the notification and the lower limit is the amount of duty paid in cash. Since the duty payment is made on monthly basis and Cenvat credit is also utilized on monthly basis, there is no warrant in the notification to suggest tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd 94 of the Schedules to Central Excise Tariff Act, 1985 and their factory is situated at Export Promotion Industrial Park, Guwahati which is a specified area in Notification No. 32/1999-C.E., dated 8-7-1999, as amended and the said goods were cleared from the specified areas. The said notification provides for duty exemption, subject to certain limitations and conditions, on the duty payable on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laim and sanctioned an amount of only Rs. 1,17,216/- on the ground that for the purpose of computation of the eligible amount the credit availability has to be considered on a daily basis and the relevant date will be the date of clearance of the goods. The appellant filed an appeal before the lower appellate authority which was rejected; hence the appellant is before me. 3. The learned Counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, 2010. 4. The learned AR appearing for the Revenue reiterates the findings of the lower authorities. 5. I have carefully considered the submissions made by both the sides. 5.1 As rightly contended by the learned Advocate for the appellant, two limits have been prescribed in the notification for the purpose of exemption. The upper limit is the value addition as prescribed in the notificatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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