1999 (2) TMI 230

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....ee, ld. Consultant submits that the applicant is a small scale unit engaged in the manufacture of repacking of duty paid detergent powder which activity was not considered as an activity of manufacture prior to 1-3-1994. By insertion of Chapter Note 6 in Chapter 34 under 3rd schedule the Finance Bill of 1994-95, repacking of detergent washing powder from bulk to retail packs was artificially defined as a process amounting to manufacture. He submits that the dispute in the present appeal is as to whether Chapter Note 6 would be effective from 1-3-1994 i.e. the date of introduction of the same or from the date of assent of the said Bill. He submits that the authorities below by holding that the date when the Bill was introduced would be the r....

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....iving them the benefit of duty and has been confirmed on the cum-duty price. Even the benefit of Modvat credit to which the appellants were entitled to in any case have not been extended to them, in spite of their having made a prayer to that effect. He submits that if these considerations are taken into account, the duty amount would come down to around Rs. 1.25 lakhs. 3.2 He also argues on the financial position of the applicant company and submits that a meagre profit of Rs. 17,000/- have been made by them in the year 1997. Their factory is lying closed w.e.f. January, 1997. Balance sheets for the period from 1994 to 1997 have been placed on record. 4. Countering the arguments Shri T.P. Kumar, ld. SDR submits that the Bombay ....