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TMI Blog2015 (7) TMI 1188X X X X Extracts X X X X X X X X Extracts X X X X ..... , etc. should not be included in the turnover is not tenable. Further, exclusion of the items purchased by them but cleared along with the Sprinkler System as a whole is also not permissible as the Sprinkler System and part thereof are cleared together as exempted goods - Further, it is seen that in spite of Board’s Circular dated 6-8-2003 and Budget Clarification dated 28-2-2003, the appellant co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 02-2003 and hence and they are not eligible for exemption under the said notification for the year 2003-2004. 2. The proceedings were initiated against them, which resulted in the order-in-original dated 3-1-2006 confirming the demand and imposing equal penalty. Penalty was also imposed on the Managing Director. On appeal by the party, the ld. Commissioner (Appeals) upheld the order on the main ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... both the sides and examined the appeal papers. 8. The method of calculation of aggregate value of clearances of excisable goods for the year 2002-2003 is point of issue in this case. In this case the C.B.E. C. vide Circular No. 733/49/2003-CX, dated 6-8-2015 have clarified that, the value of exempted goods will be included (excluding exports) for calculating the eligibility limit of ₹ 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n spite of Board s above mentioned Circular dated 6-8-2003 and Budget Clarification dated 28-2-2003, the appellant continued to follow their own way of calculating the turnover. The demand letter was based on the investigation and private records of the appellants. As such, we find no infirmity in the demand. Considering the above discussion and findings, we dismiss the appeal. (Operative part ..... X X X X Extracts X X X X X X X X Extracts X X X X
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