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TMI Blog2018 (1) TMI 249X X X X Extracts X X X X X X X X Extracts X X X X ..... the aggregate value has exceeded threshold limit of ₹ 15 lakhs. Therefore in these two years exemption N/N. 75/87-CE will not be available over and above threshold limit of ₹ 15 lakhs - the duty needs to be re-quantified. Matter remanded to the adjudicating authority only for re-quantification of demand. - E/1192/07 - A/90976/2017 - Dated:- 28-11-2017 - Shri Ramesh Nair, Member (Judicial) And Shri Raju, Member (Technical) None for Appellant Shri Sanjay Haisja, Supdt. (A.R) for respondent ORDER Per: Ramesh Nair The only issue to be decided in this appeal is whether the appellant have exceeded the exemption limit of ₹ 15 lakhs in every financial year i.e. from 1995-96 to 1998-99 and wheth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that in both the notifications the value of goods which are exempted based on value of quantity of clearances has to be added in the aggregate value in the year 96-97 and 97-98 after adding value under both the notification claimed by the appellant. The value is exceeding the threshold limit of ₹ 15 lakhs therefore they are not eligible for exemption in either of the notification or even in the year 96-97 and 97-98. 4. We have carefully considered the submissions made by the Ld. A.R. in the grounds of appeal. We find that the appellant have claimed exemption Notification No.75/87-CE and 1/93 separately in the same financial year. The relevant Explanation -II of Notification No.75/87-CE is as under: Explanation II - For the pur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he value of both the notifications are as under:- Financial Year Notification No. Amount 1996-97 Notification No.75/87-CE and Notification No.1/93 Rs.10,73,245.50 Rs.10,61,000.00 Rs.21,34,245.50 1997-98 Notification No.75/87-CE and Notification No.1/93 Rs.12,90,381.00 Rs.3,92,814.00 Rs.16,83,195.00 From the above it can be seen that in the year 1996-97 and 1997-98 the aggregate value has exceeded threshold limit of ₹ 15 lakhs. Therefore in these two years exemption notification No.75/87-CE will not be available over and above ..... X X X X Extracts X X X X X X X X Extracts X X X X
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