2009 (7) TMI 966

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the Appellant. Shri R.S. Srova, JDR, for the Respondent. [Order per : B.S.V. Murthy, Member (T)]. - The appellant is engaged in the manufacture of Colour TV, Hi-Fi Music Systems, and Air Conditioners. They were paying duty at tariff rate on clearance of the Colour T.Vs. and were availing benefit of Notification of 8/99-C.E., dt. 28-2-99 on Hi Fi Music System and were availing benefit of N....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ara 3(a) of the notification provides that for determining aggregate value of the clearance for home consumption, the clearances made under the notifications, which exempt goods on the basis of value or quantity have to be taken into account. Therefore, interpretation of the lower authorities that the appellants cannot claim separate exemption under both the notifications in a financial year, is n....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....exemption during the current year. It has nothing to do with the appellant's claim that individual product is entitled to exemption upto Rs. 50 lakhs or Rs.30 lakhs as the case may be. In this connection, the observations of the Tribunal in Para 5 & 6 in case of K.F. Beltings are relevant and the same are reproduced below. "5. The distinction between the first clearances, next clearances e....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d imperil the exemption. The two markers under Notification No. 8/99 are (i) that manufacturers with an aggregate value of clearances of Rs. 300 Lakhs are not eligible for the exemption at all [Sl. No. (viii) under para 2] (the ceiling of Rs. 3 Crore clearance of all excisable goods is a threshold) and (ii) that exemption is available to the early clearances of specified goods in a financial year ....