TaxTMI 
TaxTMI 
1984 (1) TMI 315
X X X X Extracts X X X X
X X X X Extracts X X X X
....medabad wherein they manufacture S.O. Dyes and Dye Intermediates, namely, Rhodamine and diethul-meta-amino phenol (DEMAP) falling under Tariff Item No. 14D and Tariff Item No. 68 of the Central Excise Tariff. The appellants have stated that they filed the necessary declaration for availing of exemptions from licensing control and also from payment of duty as required under Notifications Nos. 111/78, dated 9-5-1978, 89/79, dated 1-3-1979, No. 105/80, dated 19-6-1980, No. 71/78, dated 1-3-1978 and No. 80/80, dated 19-6-1980, before the Central Excise Officers. On 16-9-1981 some Central Excise Officers visited the appellants' factory and seized certain documents, including audited balance sheet for the year ending 31-3-1980 along with the Dire....
X X X X Extracts X X X X
X X X X Extracts X X X X
....se Notice. He ordered recovery of duty on the value of Rs. 17,05,820/- of the DEMAP sold during the year 1980-81 and imposed a penalty of rupees ten thousand on the appellants. In their appeal to the Tribunal, the appellants have stated that the Order-in-Original passed by the Collector of Central Excise, Baroda, is not correct and legal, since it is based on incorrect interpretation of the Notification Nos. 89/79, dated 1-3-1979 and 105/80, dated 19-6-1980. They referred to the Explanation appended to the Notification No. 89/79 and 105/50 which reads as "For the purpose of determining the value of any capital investment only the face value of the investment at the time when such investment was made shall be taken into account." They also r....
X X X X Extracts X X X X
X X X X Extracts X X X X
....esent to small scale manufacturers of some products, notably Item 68 goods and specified electrical goods, one of the criteria for eligibility is the value of investment on plant and machinery". It is clear from this that the monetary limit for the purpose of computation of value of investment on plant and machinery under these various items of the Tariff, namely, Items No. 68, No. 14, Nos. 33A, 37A and 37AA, 33F and No. 33B is fixed by the Government keeping in view the definition of small scale units and the same is to be computed on uniform basis. The Consultant for the Appellants also produced a copy of the certificate issued by the Director of Industries wherein the appellants' factory was registered as a small scale unit. He produced ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ital investment from time to time on plant and machinery in the factory of the appellants was more than Rs. 10 lakhs. The appellants have now produced a certificate dated 23-12-1983 from Messrs Mehendra Shah & Associates, their Chartered Accountants, to the effect that the value shown in their balance sheet, namely Rs. 10,22,057 representing the value of the plant and machinery as fixed assets for the year ending 31-3-1980 higher than the limit of Rs. 10 lakhs. The Bench also noted that in his statement dated 17-11-1981 the Chief Executive of the Company had clarified that the total of fixed assets on plant and machinery, namely Rs. 10,22,057 included Rs. 40,000 paid by way of technical know-how and Rs. 55,403 as proportionate incidental ex....