TaxTMI 
TaxTMI 
2004 (5) TMI 74
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....tion No. 31/88-C.E. was issued by the Department which reads as under :- "In exercise of the powers conferred by sub-rule (1) of rule 8 of the Central Excise Rules, 1944, the Central Government hereby exempts goods of the description specified in column (2) of the Table thereto annexed and falling under Chapter 28, 29 or 30 as the case may be, of the Schedule to the Central Excise Tariff Act, 1985 (5 of 1985), from so much of the duty of excise leviable thereon under the said Schedule as is in excess of the amount calculated at the rate specified in the corresponding entry in column (3) of the said Table. THE TABLE S. No. Description of the Goods Rate of Duty 1. Bulk drugs (including salts, easters and derivatives, if any) specified....
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....aised by the appellant that the Assistant Collector was not competent to issue a show cause notice claiming excise duty for the past period exceeding six months. Thereafter, the Collector, Central Excise, Meerut, issued a show cause notice alleging that the appellant had wrongly availed of the benefit of the Notification No. 31/88, dated 1-3-1988 during the period from April 1988 to December 1988 and January 1990 to 5 April 1990. After hearing the appellant and examining the replies filed by the appellant to the show cause notice, the Collector ultimately decided that the appellant was liable to pay differential demand of excise duty and also imposed penalty of Rs. 2 lakhs. 3.The matter was carried in appeal to the Customs, Excise & Gold ....
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.... exemption Notification No. 8/95-C.E. an end use certificate is not necessary for potassium iodate so as to exempt it from duty as bulk drug in terms of the notification and that potassium iodate had been used in the manufacture of iodized salt and there was no dispute that potassium iodate possessed therapeutic properties. 6.All these decisions turn only on the basis of the notification which was put forth before the Courts. It is not very clear from the judgments in any of these cases as to whether any expressions are used or the attention of the Court was drawn to the same as is set out in the Notification No. 31/88-C.E. dated 1-3-1988 or not. 7.In the present cases, we will have to consider the expression "bulk drug" as specified un....