2018 (6) TMI 1210

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....resent case are that the appellant is a unit wholly owned and controlled by the Government of Karnataka and are availing the benefit of SSI exemption under Notifications No. 175/86 dt. 01/03/1986, No.01/93 dt. 28/02/1993 and No.08/2002 dt. 01/03/2002 wherein the value of exempted goods was not required to be included for computing the aggregate value of goods of excisable goods during the preceding financial year to determine the eligibility to avail SSI exemption during the succeeding financial year. The benefit of excluding the value of clearances of exempted goods to determine the eligibility of SSI exemption was withdrawn in the new SSI exemption Notification No.8/2003 dt 01/03/2003 and the appellant was not aware of the change in the m....

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....tification No.8/2003 dt. 01/03/2003 wherein for the purpose of computation of the aggregate value, all clearances during the preceding financial year for determining the eligibility of a manufacturer to avail exemption of Rs.l crore in the subsequent financial year, the value of exempted goods were required to be included. He further submitted that the appellant has been showing the value of exempted goods in their balance sheet which is a public document and therefore the appellant has absolutely no intention to suppress any facts from the Department with intent to evade payment of duty. Further the appellant is a public sector undertaking wholly owned by Government of Karnataka and therefore the intent to evade cannot be imputed against t....