9911796707
TMI Blog2005 (10) TMI 156X X X X Extracts X X X X X X X X Extracts X X X X ..... the applicable tariff rates since the products manufactured by the assessee on behalf of such licencee were being cleared on payment of duty at tariff rate. Their values were not reckoned and considered for determining the aggregate value of clearances made during, preceding financial year. In view of para 3 of notification No. 9/2002 and Clause (b) of para 3(A) of notification 9/2003. The Revenue authorities objected to this and issued the notice demanding duty and penalty on the grounds. (a) that the appellant have been manufacturing P P Medicines on their own and availing the benefit of Notification No. 9/2003-C.E., dated 1-3-2003 as amended in respect thereof. (b) that the appellant are also manufacturing goods on behalf of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 E.L.T. 433 and in view of the instructions contained vide para 3.2 of chapter 2 part I of Central Excise Manual of Supplementary instructions. (g) That on verification of ER-I returns submitted by the appellant for the financial year April 2002 to March 2003: it was noticed that their aggregate value of clearances of all excisable goods i.e. goods manufactured on their own and on behalf of the loan licensees exceeded Rs. 3.00 crores during the financial year 2002-2003 rendering them ineligible for the benefit of concessional rate of duty under Notification No. 9/2003-C.E. during the financial year 2003-2004. (h) That the appellant have, however, not taken into consideration the value of clearances of the goods manufactured on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the turnover, clearance of Brand named P P medicaments of a loan licensee when such clearance have been effected on full payment of duty. (b) The manufacturers are admittedly loan Iicencees. (c) Value of P P medicaments manufactured at another manufacturers factory from raw material supplied by loan licencee not to be added to value of goods cleared loan for determining total value of clearance for exemption is the law settled by following decision of SOL Pharmaceuticals Ltd v. Collector of Central Excise - 1992 (57) E.L.T. 290 (Tri.) Collector of Central Excise, Madras v. Lupin Lab. P. Ltd. - 2003 (162) E.L.T. 803 (Trib.-.Del.). We find no reason therefore to uphold the orders impugned on the grounds as arrived at by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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