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TMI Blog2005 (2) TMI 341X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 1/93-C.E. dated 28-2-1993, being small scale unit and they are also eligible to the benefit of exemption under Notification No. 22/94-C.E. dated 1-3-1994 as they fulfilled all the conditions stipulated therein; that for the financial year, 1994-95, they filed the classification list under Rule 173B of the Central Excise Rules, 1944 and availed exemption under Notification No. 1/93; that after exceeding slab of Rs. 30 lakh, they switched over to the Notification No. 22/94 from 22-7-1994. He, further, mentioned that Notification No. 22/94 was amended by Notification No. 22/95-C.E. dated 16-3-1995 by which a restriction was imposed that a manufacturer of goods cannot, simultaneously, avail the benefit of both the Notifications i.e. 1/93 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5-96, it is clear, that the Government of India intended to impose the condition only for the financial year 1995-96 onwards. Finally, the learned Advocate submitted that as the issue involves interpretation of Notification, the question of imposing any penalty on them does not arise; that they are also not liable to pay interest as the duty relates to the period from 16-3-1995 to 31-3-1995 when the interest provisions were not in existence in the statute book. 2. Countering the arguments Shri P.K. Ray, learned D.R., submitted that amending notification inserted a proviso to Notification No. 22/95 providing therein that exemption is not applicable to a factory on or after the 1st April in any financial year and the exemption under Notifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a factory and such pulp contains not less 75% by weight of pulp made from materials other than bamboo, hard woods, soft woods, reeds or rags. Notification No. 22/94 was amended by Notification No. 22/95 dated 16-3-1995 which inserted the following proviso in the Notification : "Provided that the exemption contained in this notification shall not apply to clearances made from a factory on or after the 1st day of April in any financial year if the exemption under the Notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 1/93-C.E., dated the 28th February, 1993 is availed of by the manufacturer of the said goods during the course of such financial year." 5. The effect of insertion of the proviso by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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