1998 (4) TMI 278

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....1/93 by computing the first clearance value of Rs. 30 lakhs only from 5-6-1994 and paid duty from 23-9-1994 on exceeding Rs. 30 lakhs clearance value. In the above back ground, the Asstt. Commissioner had held that as per the explanation 11 to the Notification No. 1/93 for computing the first aggregate value of Rs. 30 lacs the clearances at Nil rate of duty alone can be excluded and clearance effected on payment of duty cannot be excluded. Accordingly, he confirmed a differential duty demanded to the extent of Rs. 83,002/- by including the value of goods cleared on payment of duty from 1-4-1994 to 4-6-1994, besides imposing a penalty of Rs. 2,000/-. 2. The Commissioner (Appeals) held that the Asstt. Commissioner had ignored the fact....

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....ner's order by applying the ratio of decision in Watts Electronics Pvt. Ltd. 4. The plea raised by the ld. DR with regard to ratio of B.K. Rubber reported in 1993 (68) E.L.T. 575 (M.P.) = 1994 (50) ECR 41 and that of Ramakrishna Engg. Works as reported in 1996 (83) E.L.T. 346 has since been upheld. Ld. SDR submits that the clearance of both the duty paid goods prior to the notification as well as the clearances made after the notification has to be added for computing the clearance value of Rs. 30 lacs. 5. On careful consideration of the matter, we find no infirmity in the order or the reasonings of the Commissioner (Appeals). The Tribunal in the case of Watts Electronics Pvt. Ltd. held that first clearances in a financial y....