2012 (1) TMI 117

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....imed by the appellants, of duty amount deposited on 21-8-2003, for the said period when short levy was pointed out. 2. The appellants are engaged in the manufacture of dutiable ayurvedic medicines classifiable under the Heading No. 3003.90 and exempted medicines of ayurvedic systems classifiable under Sub-Heading No. 3003.31. During the financial years 2002-2003 and 2003-2004 they availed SSI exemption under Notification No. 8/2002-C.E., dated 1-3-2002 and 8/2003 as amended. Exemption Notification No. 8/2003-C.E. was amended vide Notification No. 30/2003-C.E., dated 1-4-2003 to provide that the exemption would be available only if the aggregate value of clearances of all excisable goods during the previous financial year was less th....

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....A Show Cause Notice was adjudicated confirming the duty demand and appropriating duty already paid. The adjudicating authority found that the interest of Rs. 37,651/- paid by them was proper. However, he imposed a penalty of Rs. 3,44,622/- i.e. 25% of Rs. 13,78,489/-, as per the provisions of Section 11AC of Central Excise Act, 1944 subject to the condition that the penalty is paid within 30 days of the adjudication order. Aggrieved by the order, the Appellants filed an Appeal with the Commissioner (Appeals) who upheld the adjudication order. Aggrieved by the order of the Commissioner (Appeals), the Appellants have filed this Appeal before the Tribunal. 3. The Counsel of the Appellants submits that ER-I returns for April to July 200....

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....sion of the Supreme Court in CCE v. Wander Ltd. reported in 2003 (157) E.L.T. 3 (S.C.). 6. The relevant provisions are as under :- "2. The exemption contained in this notification shall apply subject to the following conditions, namely :- ... ... (vii)   the aggregate value of clearances of all excisable goods for home consumption by a manufacturer from one or more factories, or from a factory by one or more manufacturers, does not exceed rupees three hundred lakhs in the preceding financial year. "Explanation. - For the purposes of this notification, - ... ... (C) "value" means, - (i)     in respect of specified goods which have been notified under section 4A of the Cent....