2003 (1) TMI 441

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....S.V. Parelkar, DR, for the Respondent. [Order per : Gowri Shankar, Member (T)]. - The notice issued to the appellant proposed to deny to it the benefit of the exemption contained in Notification 1/93 for the financial year 1995-96 on the ground that the aggregate value of clearance in the preceding financial year had exceeded Rs. 3 crores, contravening one of the conditions subject to which ....

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.... business and hence if the assessee cleared the goods which had been rejected and returned to it, they have not been sold. We are not concerned with the question as to whether the goods have been sold or not. The notification refers to the aggregate value of clearance from the factory; that value would include clearance by any manner whether by sale, gift, deeds, mortgage etc. It cannot be dispute....

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.... The written submission that has been submitted consists of copies of decisions of the Tribunal. The decision in Oxide (India) Pvt. Ltd. v. CCE - 2001 (128) E.L.T. 490 holding that value of deemed export not to be included in the value of clearances of Notification 1/93. It is not relevant because we are not concerned with deemed export. The decision in Manohar Brothers (Capacitors) (P) Ltd. ....