1996 (9) TMI 139

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....rol) Appellate Tribunal in an appeal filed before it by the present appellants. The appellants had a factory at Goregaon and a godown at Gaushala. It was their case that they converted steel sheets and strips into circles at the godown, and convered the circles into stainless steel utensils and surgical and hospitalware at the factory. They claimed the benefit of an exemption notification dated 18....

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.... the preceding financial year had exceeded rupees thirty lakhs. 2. The appellants were issued with a notice to show cause why duty and penalty should not be imposed upon them since the value of clearances made by them in 1977-78 exceeded Rupees thirty lakhs. The Collector of Central Excise upheld the contention in the show cause notice and directed the appellants to pay duty, fine and penalty. ....

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....ensils was only Rs. 29,88,930.04, which was less than Rs. 30 lakhs and, therefore, the benefit of the exemption notification was available to them. The Tribunal did not, however, address itself to this contention which was based on the fact that the value as computed by the Collector included sales tax, general tax and additional tax. 3. Section 4(4)(d)(ii) of Central Excises & Salt Act states ....