1990 (9) TMI 86

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.... 1968 exempting drinking chocolate powder from whole of excise duty for the first 20 metric tons clearnace, provided the total clearance during the financial year did not exceed 40 metric tons. For the financial year March 1, 1973 to March 31, 1974, the company cleared the goods and paid excise duty at the full rate. At the end of the financial year, the company had not cleared goods in excess of 40 metric tons and was, therefore, entitled to the advantage of exemption notification. Accordingly, the company filed refund application dated 30-11-1974 before the Asstt. Collector of Central Excise, Pune, demanding refund of Rs. 27,038.32. 2. The Asstt. Collector by order dated February 28, 1975 granted refund only for the sum of Rs. 13,090.9....

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....ves acceptance. As mentioned hereinabove, the exemption is available to the manufacturer provided the clearance of the goods during the financial year did not exceed 40 metric tons. The manufacturer can avail of the exemption only at the end of the financial year on realisation that the clearance has not exceeded 40 metric tons. In other words, the right to claim exemption accrues only at the end of the financial year and in the present case on April 1, 1974. It is not in dispute that the refund application was filed on November 30, 1974 and, therefore, the application could not have been partly rejected on the ground of limitation. Mr. Desai, learned counsel appearing for the respondents, submitted that the petitioner should have paid the ....