2002 (11) TMI 107

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....ance of goods beyond the aggregate value of Rs. 200 lakhs. Further qualification which is relevant for our purpose, reads as follows :- "For the purposes of computing the aggregate value of clearances under this notification, the clearances of any excisable goods, which are chargeable to nil rate of duty or, which are exempted from the whole of duty of excise leviable thereon by any other notification (not being a notification where exemption from the whole of duty of excise leviable thereon is granted based upon the value or quantity of clearances made in a financial year) issued under sub-rule (1) of rule 8 of the said Rules or sub-section (1) of section 5A of the said Act, shall not be taken into account." 2.Thus, for the purposes of c....

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.... column (2) of the said Table (such goods being hereinafter referred to as "inputs") and falling within the Chapter 72 or Chapter 73 of the said Schedule or which the duty of excise leviable under the said Schedule or the additional duty leviable under the Customs Tariff Act, 1975 (51 of 1975), as the case may be, has already been paid : Provided further that no credit of the duty paid on the inputs has been taken under rule 56A or rule 57A of the said rules. Explanation. - For the purposes of this notification, all stocks of inputs in the country, except such stocks as are clearly recognisable as being non-duty paid, shall be deemed to be the inputs on which duty has already been paid." At this stage, two admitted facts need to be set o....