2001 (8) TMI 121

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..... 1st March, 1981 whereby an incentive scheme was provided for higher production. The notification inter alia provided that goods mentioned in the First Schedule of the Central Excise Act which were cleared by a factory for home consumption during the period 1st March, 1983 to 29th February, 1984 which were in excess of the base clearances would be entitled to certain benefit as far as excise duty w .....

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..... retation of the said notification, it was imperative that the appellants should have effected clearances in each one of the years 1980-81,1981-82 and 1982-83. Apart from construing the language of the aforesaid sub-clause (iv) in that way, the Tribunal also referred to the fact that clause 2 which defined "base period" indicated that the contention of the appellants that if there was clearance in .....

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..... as the year 1980-81 is relevant for the purpose of sub-clause (iv), it has no part to play in determining the base period. If the contention of Mr. Vellapally is correct that there could be a factory which had clearance in the year 1980-81 and no clearance in 1981-82 and/or 1982-83, in such a case the question always arises as to what could be the base period because the benefit is given by consid .....

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