9911796707
TMI Blog2005 (1) TMI 171X X X X Extracts X X X X X X X X Extracts X X X X ..... Pvt. Ltd. exceeded the ceiling limit of Rs. 35.00 lakhs provided for SSI unit and also on the ground that the value of investment in plant and machinery of M/s. Aspi Casting Pvt. Ltd. is required to be clubbed with that of M/s. Aaditya Aluminium Pvt. Ltd., since M/s. Aspi Casting Pvt. Ltd. was artificially created to enable M/s. Aaditya Aluminium Pvt. Ltd. to wrongfully avail SSI benefit; (ii) Rs. 20,39,677.48 by clubbing the value of clearances of M/s. Aspi Casting Pvt. Ltd. with that of M/s. Aaditya Aluminium Pvt. Ltd.; (iii) Rs. 2,95,480.19 on scrap generated in the factory of M/s. Aaditya Aluminium Pvt Ltd, and cleared on payment of duty at the price of Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 29.12.1987. During the year 1988-89, the total value of clearances of aluminium profiles and extruded pipes and tubes from M/s. Aaditya Aluminium Pvt. Ltd. was Rs. 1,47,71,504.27 and during the year 1989-90, the total clearance value was Rs. 1,90,66,902/-. During the period in dispute, notification 175/86 did not contain any stipulation regarding value of investment in plant and machinery. The only requirement was of registration as an SSI unit. There is no dispute that M/s. Aaditya Aluminium Pvt. Ltd. possessed certificate of registration as small scale industry, issued by the Directorate of Industries under the provisions of the Industries (Development & Regulation) Act, 1951 and such registration certificate has not been cancelled ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Larger Bench decision in Wyeth Laboratories Ltd. v. CCE - 2000 (120) E.L.T. 218, this demand is being set aside on the basis of the Larger Bench decision, we do not consider it necessary to go into the alternate argument that the value of Rs. 32.70 per kg. of scrap cannot be adopted as the above is the value of sale of scrap by one M/s. Apex Plastics to one M/s. Apurva Aluminium during June 1989 and, therefore, cannot be applied for the year 1988-89 and that the value of scrap cannot exceed Rs. 18.30 per kg. during 1988-89 as this was the value on which it purchased scrap from M/s. AZ Metals and even if the value of Rs. 18.30 per kg. is adopted, the aggregate value of all goods will not exceed Rs. 1.5 crores in 1988-89, i.e. the aggregat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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