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Issues: Whether Notification No. 65/81 dated 25th March, 1981 permitted the manufacturer to avail the concessional rate of duty on any clearances during the financial year up to the aggregate limit, or only on the first clearances in chronological order until the limit was exhausted.
Analysis: The notification was construed as granting exemption only on the first clearances in serial order up to the prescribed aggregate value. The expression used in the proviso was held not to be superfluous, and the scheme of the notification showed that the benefit was intended for small manufacturers whose previous year clearances were below the stipulated ceiling. The Court held that the concession could not be converted into a general annual allowance to be applied to clearances chosen at the manufacturer's discretion.
Conclusion: The notification did not allow simultaneous clearances at concessional and full duty rates in the manner claimed by the petitioner, and the interpretation urged by the petitioner was rejected.