9911796707
TMI Blog2017 (1) TMI 1279X X X X Extracts X X X X X X X X Extracts X X X X ..... refore, by following the decision of Hon'ble Apex Court in the case of Nabulae Health Care Ltd. [2015 (11) TMI 95 - SUPREME COURT] wherein the Hon’ble Apex Court has held that the assessee is entitled to benefit of exemption notification 8/2003-CE dated 01.03.2003, the impugned order is set aside and the appellant is entitled to the benefit of N/N. 8/2003-CE. Appeal allowed - decided in favor of appellant. - E/1851/2008 - A/61784/2016 -EX[DB] - Dated:- 27-12-2016 - Mr. Ashok Jindal, Member (Judicial) And Mr. Devender Singh, Member (Technical) Sh. Ajay Jain, Advocate- for the appellant Sh. R.K. Sharma, AR- for the respondent ORDER Per Ashok Jindal 1. The appellant is in appeal against the impugned order demandin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase are as under: 2. The facts of the case are that the appellant is engaged in the manufacturing of medicines in their own brand name and also the brand name of other persons. An investigation was conducted on the factory premised of the appellant and on scrutiny of record, it was observed that during the period of 2005-2006, the appellant has availed the exemption under Notification No. 8/2003-CE dated 01.03.2003 on the goods affixed with their own brand name and simultaneously cleared goods affixed with the brand name of other person on payment of duty and by availing cenvat credit on inpout used in manufacturing of the said goods affixed with brand name of other person from the beginning of the financial year. The appellant also cle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the appellant is not entitled to avail exemption as they failed to fulfil the abovesaid condition of para 2 of the said notification. The Revenue also relied on the decision of the Hon ble Apex Court in the case of Ramesh Food Product reported in 2004 (174) ELT 310 (SC) and denied the exemption availed by the appellant by issuing show cause notice which was adjudicated and demand of duty was confirmed along with interest and penalties also imposed. Aggrieved from the said order, the appellant is before us. And thereafter this Tribunal has relying on the decision of Nebulae Health Care Ltd. (Supra) by observing as under: 7. Insofar as Notification No. 1-93-CE dated February 28, 1993 is concerned exemption to first clearanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) of the Khadi and Village Industries Commissioner or of the State Khadi and Village Industries Board, National small industries corporation or the State small Industries Development Corporation. Notwithstanding the exemption contained in paragraph 1 of this notification, a manufacture shall have an option for not availing of the benefit of the exemption contained in the said paragraph and to pay duty of excise at the rate applicable to the specified goods but for the exemption contained in the said paragraph I, subject to the condition that such manufacturer shall pay duty at the rate applicable but for the aforesaid exemption on all subsequent clearances of specified goods made after availing such option, in a financial year in which ..... X X X X Extracts X X X X X X X X Extracts X X X X
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