1978 (1) TMI 75

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.... Industries Varanasi, manufactures aluminium conductors and cables. The firm was registered under the Small Scale Industries Scheme, because its initial investment was below Rs. 7,50,000/-. On 1st June, 1970, the Central Government issued a notification under the Central Excises and Salt Act, 1944, laying down 4% ad valorem excise duty on winding wires made of aluminium and 12% on all electric wir....

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.... the Director of Industries, U.P. to show that the initial investment was below Rs. 7,50,000/- and that the petitioner's unit is registered under the Small Scale Industries Scheme. The petitioner complied with this and furnished the requisite certificate from the Director of Industries. On 12th May, 1971 however, the Assistant Collector informed the petitioner that the certificate issued by the Di....

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.... was below Rs. 7,50,000/- but the relevant material in this regard was filed before the Assistant Collector only in June, 1971. The petitioner was, therefore, charged with excise duty at the rate of 5% upto May, 1971. On 6th April, 1972 the Excise Department intimated to the petitioner that a sum of Rs. 9,040.09 was due and payable by the petitioner as deficiency of excise duty. This shows that a ....

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....nt contemplated by this notification was that on the date of the initial installation of the plant and the machinery, the capital investment is not more than Rs. 7,50,000/-. The Assistant Collector had to be satisfied that on the date of the initial installation the capital investment was below Rs. 7,50,000/-. The date on which he was actually satisfied or the time which he takes in arriving at th....