1990 (1) TMI 222

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....rder (Oral).]. -  This is an appeal against the order of the Collector of Central Excise (Appeals), Madras, dated 29-4-1988, holding that the demand raised by the Superintendent on finalisation of the RT.12 returns was hit by time-limit as the same was raised after 6 months after the payment of the duty. 2. The learned SDR for the Department pleaded that the question of timebar in the f....

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....ave been there and within 6 months period any demand which flowed from the finalisation of the assessment should have been deemed to have been raised within time. Adverting to the facts, he pleaded, that in this case the respondent in fact filed two classification lists 1/86-87 and 2/86-87. In the first classification list the respondent had requested for the approval for availing of the MODVAT cr....

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....n to small scale units was enhanced from Rs. 7.5 lakhs to Rs. 15 lakhs. The respondent on 1-4-1986 when the limit of exemption was fixed at Rs. 7.5 lakhs felt that they would be exceeding this limit and therefore, opted for the MODVAT concession but when this exemption was enhanced to Rs. 15 lakhs they expected that their production will exceed Rs. 7.5 lakhs but would not exceed Rs. 15 lakhs and s....

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....it of exemption Notification 175/86. The question that falls for my consideration is as to which of the two classification lists should be taken to be operative for the assessment. The learned SDR has pleaded that there was no mention in the second classification list as they were opting out of the MODVAT credit and, therefore, inasmuch as the approval had been granted for availing of the MODVAT c....