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TMI Blog2004 (5) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... nstance of the assessee is whether they are entitled to claim the benefit of nil rate of duty in respect of paper products classified under Heading 4801.00 of the Schedule to the Central Excise Tariff Act. Newsprint under Chapter Note-3 in Chapter 48 is defined as under :- "for the purpose of this Chapter, "newsprint" means newsprint defined by the Central Government by Notification published in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red for being included in the Schedule I of the N.C.O. vide Notification dated 4-5-2000. 2. The appellants have made clearances from October, 1999 to May, 2000. In respect of clearances made prior to 23-12-99, the appellant is not claiming any benefit of Nil rate of duty provided under the Schedule under the Central Excise Tariff Act as Newsprint. The contention is that once the appellant is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e it is only reasonable to take the view that the benefit of exemption will accrue to a unit found to be a small scale industrial unit from the date on which the application was made for grant of registration certificate. Such a unit should not be deprived of the benefit to which it is otherwise entitled as a small scale industrial unit merely because the authorities concerned took their own item ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 23rd December, 1999. A communication addressed to the applicant dated 5th Jan., 2000 by the Under Secretary to Govt. of India, Ministry of Industry refers to their application for inclusion of their name in the Schedule-I to the Newspaper Control Order, 1962. The above letter suggests certain clarifications which, according to the appellant, were submitted in time. 6. Under these circumstances ..... X X X X Extracts X X X X X X X X Extracts X X X X
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