9911796707
TMI Blog2018 (7) TMI 1047X X X X Extracts X X X X X X X X Extracts X X X X ..... regate value of clearance for home consumption - N/N. 08/2003-CE dated 01.03.2003 - Held that:- There was no justification in including the value of clearance of ₹ 6,69,600/- during the Financial Year 2006-07 since the same were returned during the month of March, 2007, as provided by provisions under Rule 16 of Central Excise Rules, 2002 - During the Financial Year 2006-07 the value of clea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the appellants were engaged in the manufacture of Menthol and DMO and they were availing Small Scale Exemption under Notification No.08/2003-CE dated 01.03.2003. It appeared to Revenue that the appellant, during the Financial Year 2006-07 had exceeded the aggregate value of clearance for home consumption provided in the said Notification by an amount of ₹ 6,64,475/-. The condition of no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Excise Rules, 2002 having clearance value of ₹ 6,69,600/- and that said goods were re-made and once again cleared in the next Financial Year and therefore the value of clearance of ₹ 6,69,600/- should not be accounted during the Financial Year 2006-07. Once the said value was not accounted then the value of clearance for Financial Year 2006-07 would be ₹ 3,99,94,875/- which wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere cleared during the Financial Year 2006-07 having clearance value of ₹ 6,69,600/- were returned for being re-made as provided under Rule 16 of Central Excise Rules, 2002. He has further submitted that the issue is no more res-integra, since the issue has been decided by this Tribunal in the case of M/s Kusum Kemicals Pvt. Ltd. Vs Commissioner of Central Excise, Raipur reported at 2002 (14 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of value of clearance for the Financial Year 2006-07. We, therefore, come to the conclusion that during the Financial Year 2006-07 the value of clearance was less than the threshold value of ₹ 4 crores. Therefore, we find that the appellants were eligible for availment of Small Scale Exemption under Notification No.08/2003-CE dated 01/03/2003 for the Financial Year 2007-08. As a result, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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