9911796707
TMI Blog1996 (10) TMI 86X X X X Extracts X X X X X X X X Extracts X X X X ..... e goods which have been specified in the Notification will qualify for the relief given in the Notification. The goods of the appellant have been specified in the Notification and as such qualified for the exemption. Therefore, clearances in the context of this Notification cannot have any special meaning. It does not signify any special sense nor can it be equated with removal of dutiable goods from a factory under the Central Excise Act. The manner of calculation cannot take away anything from what has been specifically provided in Clauses (b) and (c) of the Notification in very clear terms. The object is to give relief and encouragement to the manufacturers to produce goods in larger quantities than what were produced in the base year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e cleared from a factory(a) for the first time on or after the 1st day of April 1976, the base period shall be the year 1975-76, and the base clearances shall be nil; where the specified goods were cleared from a factory for(b) the first time on or after the 1st day of April 1973, but not later than the 31st day of March 1976, the base period shall be the three financial years, namely, 1973-74, 1974-75 and 1975-76 and the base clearances shall be the one-third of the aggregate of the clearances of such goods during such base period; where the specified goods were cleared from the factory for(c) the first time earlier than 1st day of April 1973, the base period shall be the year in which the aggregate of the clearances of such goods duri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the assessee were not dutiable before 1-3-1974. Therefore, no question of clearance of the goods manufactured by the appellant could arise before that date. 7.We are unable to uphold this contention. In the first place, excise duty becomes leviable on the goods manufactured by the appellant on and from 1st March, 1973. That means, the assessee was producing excisable goods even before 1st April, 1973. That apart, merely because Clauses (b) and (c) speak of clearance of the goods and the base period has to be determined on the basis of aggregate of the clearances of such goods during the financial years 1973-74, 1974-75 and 1975-76, it does not follow that clearances must be of dutiable goods and the base year must be determined with eff ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
