2018 (1) TMI 249

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....dent ORDER Per: Ramesh Nair The only issue to be decided in this appeal is whether the appellant have exceeded the exemption limit of Rs. 15 lakhs in every financial year i.e. from 1995-96 to 1998-99 and whether they are eligible for exemption Notification No.75/87-CE dt.1.3.1987 on the clearances of heat exchangers which is a part of refrigeration and air conditioner machine. 2. None ....

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....endent (A.R.) appearing on behalf of the Revenue reiterates the findings of the impugned order and further he submits that they have claimed exemption notification No.75/87 and 1/93 both the notifications are based on the value of clearances. He submits that in both the notifications the value of goods which are exempted based on value of quantity of clearances has to be added in the aggregate val....

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....r notification (not being a notification where exemption from the whole of duty of excise leviable thereon is granted based upon the value of quantity of clearances made in a financial year) issued under sub-rule (1) of rule 8 of the Central Excise Rules, 1944 shall not be taken into account." Explanation -II of Notification No.1/93 reads as under:- "Explanation II- For the purposes of compu....

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....value of both the clearances will be added. It is observed that during the year 96-97 & 97-98 the value of both the notifications are as under:- Financial Year Notification No. Amount 1996-97 Notification No.75/87-CE and Notification No.1/93 Rs.10,73,245.50 Rs.10,61,000.00 Rs.21,34,245.50 1997-98 Notification No.75/87-CE and Notification No.1/93 Rs.12,90,381.00 ....